2026-11-10 - CoA - Zte v. Samsung - UPC-COA-0000105/2026
- Aktenzeichen:
- UPC-COA-0000105/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Decision
- Parteien:
- ZTE Corporation v. Samsung Electronics Co., Ltd., Samsung Electronics GmbH, Samsung Electronics France, Samsung Electronics Italia S.p.A, Samsung Electronics Benelux B.V., Samsung Electronics Romania S.R.L.
Kernaussage: The judge-rapporteur of the Court of Appeal permitted, under R.
2026-11-10 - CoA - Zte
v.
Samsung
UPC-COA-0000105/2026
routine
The judge-rapporteur of the Court of Appeal permitted, under R. 265 RoP, the withdrawal of both ZTE's infringement action and Samsung's counterclaim for revocation while ZTE's appeal against the LD Mannheim decision partially revoking the patent was pending. A withdrawal under R. 265.1 RoP is admissible in appeal proceedings as long as no final decision exists, and the Court of Appeal decides on it; consent of the other party excludes any legitimate interest in a decision. No costs decision under R. 265.2(c) RoP was needed because neither party requested one, the oral hearing was cancelled, and 50% of ZTE's appeal court fees were reimbursed under R. 370.9(b) RoP as in force since 1 January 2026, since the withdrawal came before the Statement of response.