2025-01-22 - LD Munich - NEC v. TCL - UPC_CFI_153/2024
- Aktenzeichen:
- UPC_CFI_153/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Decision
- Parteien:
- NEC Corporation v. TCL Deutschland GmbH & Co. KG, TCL Industrial Holdings Co., Ltd., TCT Mobile Germany GmbH, TCT Mobile Europe SAS, TCL Communication Technology Holdings Ltd., TCL Operations Polska Sp. Z.o.o,, TCL Overseas Marketing Ltd.
Kernaussage: The Munich Local Division permitted NEC to withdraw its infringement action against the TCL defendants under Rule 265.
2025-01-22 - LD Munich - NEC
v.
TCL - UPC_CFI_153/2024
routine
The Munich Local Division permitted NEC to withdraw its infringement action against the TCL defendants under Rule 265.1 RoP after an out-of-court settlement reached before the closure of the written procedure, and declared the proceedings closed. Withdrawal is available until a final decision has issued unless the other party asserts a legitimate interest in a decision; the defendants asserted none and the Court could identify none. Under Rule 265.2(c) RoP the Court issued the cost decision the rule requires, giving effect to the parties' agreement that each side bears its own costs and that the claimant pays the court fees. Because the action was withdrawn before the written procedure closed, Rule 370.9(b)(i) RoP in conjunction with Rule 370.11 RoP entitled the claimant to reimbursement of 60% of the court fees paid. The value of the action was set at EUR 2,000,000.