2025-05-02 - LD Düsseldorf - Evac v. Shanghai VacDrain Vacuum Drainage Equipment et al. - UPC_CFI_811/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Düsseldorf Local Division confirmed under Rule 365.1 sentence 2 RoP a settlement between Evac Oy and three of the six defendants in an action on EP 1 840 282 B1 and EP 1 813 734 B1, and reproduced the settlement contract in full. The value of the decision lies in that text, which is unusual in being published unredacted. Its structure is an exit built in four linked steps: the settling defendants acknowledge the claims asserted against them; two of them give a factual assurance that they never dealt in the accused embodiments apart from one named delivery; the claimant then waives further enforcement of the acknowledged claims for past infringement — information, recall, removal from the channels of commerce, destruction and damages — but only under a resolutive condition that the assurance is correct; and should the assurance prove false, those defendants waive the limitation defence in full against any claim not yet time-barred at signature. The claimant bears the court fees for the action against them, each side bears its own costs and no cost-determination applications will be made. The Court confirmed the agreement, entered the decision in the register, continued the action against the remaining three defendants and held that no costs decision was necessary because the parties had agreed on costs.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_811/2024