2025-01-24 - CoA - DexCom v. Abbott - UPC_CoA_569/2024
- Aktenzeichen:
- UPC_CoA_569/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- DexCom v. Abbott
Kernaussage: 1.
2025-01-24 - CoA - DexCom
v.
Abbott - UPC_CoA_569/2024
1. An application to withdraw an action pursuant to R.265 RoP can also be filed in appeal proceedings. It is only after the final decision has become legally binding that a filing of a withdrawal application is inadmissible.
2. A withdrawal of a counterclaim for revocation has the effect that requests for amendment of the patent become ineffective.
3. With the closure of the proceedings, the impugned decision will become ineffective.
The Court of Appeal granted leave to withdraw the complaints
(infringement action and counterclaims for revocation), declared the proceedings closed and ordered a partial reimbursement of the appeal court fees. The Court clarified that such withdrawal was still admissible in the appeal stage and that a cost decision was not required.
This order was published multiple times in relation to different patents.
Stichwörter
Application to withdraw an action (R.265.1 RoP)