2025-04-04 - CD Paris - Fridababy v. Ecareyou Innovation - UPC_CFI_95/2024
- Aktenzeichen:
- UPC_CFI_95/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Decision
- Parteien:
- Fridababy, LLC v. Ecareyou Innovation, S.L.
Kernaussage: The Paris seat of the Central Division confirmed a settlement that ended both a revocation action and the counterclaim for infringement brought on the same patent.
2025-04-04 - CD Paris - Fridababy
v.
Ecareyou Innovation - UPC_CFI_95/2024
notable
The Paris seat of the Central Division confirmed a settlement that ended both a revocation action and the counterclaim for infringement brought on the same patent. The decision states the check the Court must make before confirming: under the second sentence of Art. 79 UPCA a patent may not be revoked or limited by a settlement, so the Court examines the agreement against that requirement, and here found no impediment. On confidentiality the panel went beyond the settlement details that Rule 365(2) RoP addresses: relying on Art. 58 UPCA together with Rule 262A RoP, and reasoning that abuse of evidence must be prevented, it ordered the settlement agreement and all pleadings, evidence and exhibits to be kept confidential. On fees, the refund depends on the stage at which the settlement was reached; because it was reached during the written procedure both the claimant and the counterclaimant recover 60% of the court fees they paid under Rule 370(9)(c)(i) RoP. Costs were decided in accordance with the terms of the settlement under Rule 365(4) RoP, each party bearing its own.