2026-03-27 - LD Mannheim - Nokia v. Paramount Pictures et al. - UPC-CFI-0000975/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Mannheim Local Division permitted the withdrawal of an infringement action and of a counterclaim for revocation and made no cost decision, both sides having declared that they would file no cost applications. On reimbursement it took the view that has divided the first instance. Article 5 of the Administrative Committee's decision of 4 November 2025 makes the amended fee table and the revised Rules apply to actions and applications filed after 31 December 2025; the Division held that 'applications' there means those that trigger a fee by their filing, and cannot cover a reimbursement application, an application for leave to withdraw or any application aimed at bringing the proceedings to an early end. The legal-certainty rationale the Administrative Committee gave protects the expectations about court fees that a party formed when it filed the fee-triggering claim, and those expectations include what an early termination would do to the fees. The former Rule therefore governs a claim filed before the cut-off however late the withdrawal comes. Applying that to two proceedings straddling the cut-off, the infringement action filed in 2025 attracted 60% under the former Rule 370.9(b)(i) RoP and the counterclaim for revocation filed in 2026 attracted 50% under the amended Rule. The Division cited two Court of Appeal decisions and a Hamburg decision in support and recorded that the Court of Appeal in Black Sheep v HL Display is probably of a different view.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC-CFI-0000975/2025