2025-02-04 - LD Munich - TCL et al. v. TCL et al. - UPC_CFI_412/2024
- Aktenzeichen:
- UPC_CFI_412/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Decision
- Parteien:
- TCT Mobile Germany GmbH, TCL Operations Polska Sp. Z.o.o,, TCL Deutschland GmbH & Co. KG, TCT Mobile Europe SAS v. NEC Corporation
Kernaussage: Panel 2 of the Munich Local Division permitted the defendants to withdraw their counterclaim for revocation after the parties had settled and concluded a patent licence covering the patent-in-suit.
2025-02-04 - LD Munich - TCL et al.
v.
TCL et al. - UPC_CFI_412/2024
routine
Panel 2 of the Munich Local Division permitted the defendants to withdraw their counterclaim for revocation after the parties had settled and concluded a patent licence covering the patent-in-suit. The Court stated in terms that a counterclaim for revocation is an action within the meaning of R. 265.1 RoP, so the same conditions govern its withdrawal, and it examined the other party's legitimate interest in a decision rather than relying on the claimant's silence alone: the claimant asserted none and none could otherwise be identified. It closed the proceedings, ordered the decision entered on the register, left each side with its own extrajudicial costs with no compensation between them, and instructed the Registrar to reimburse 60% of the court fees paid on the counterclaim, EUR 12,000 of EUR 20,000, under R. 370.9(b)(i) and R. 370.11 RoP.