2024-09-06 - LD Munich - Network System Technologies v. Qualcomm et al. - UPC_CFI_64/2024
- Aktenzeichen:
- UPC_CFI_64/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Decision
- Parteien:
- Network System Technologies LLC v. Samsung Electronics Co., Ltd., Samsung Semiconductor Europe GmbH, Qualcomm Incorporated, Qualcomm Technologies, Inc., Qualcomm Germany GmbH
Kernaussage: The Munich Local Division permitted the claimant to withdraw its infringement action as against two of five defendants after the parties had settled and agreed on the allocation of costs.
2024-09-06 - LD Munich - Network System Technologies
v.
Qualcomm et al. - UPC_CFI_64/2024
routine
The Munich Local Division permitted the claimant to withdraw its infringement action as against two of five defendants after the parties had settled and agreed on the allocation of costs. The Court held that Rule 265.1 RoP is not limited to a withdrawal of the action in its entirety: it applies equally where the claimant withdraws only in relation to some of several defendants. Because the affected defendants had consented and no other reason to continue the proceedings against them existed, the withdrawal was permitted and the proceedings were closed in that relationship. The costs decision simply gave effect to the parties' own agreement, each side bearing its own representation costs and expenses.