2026-10-09 - CoA - Beko et al. v. Dolby - UPC-COA-0000077/2026
- Aktenzeichen:
- UPC-COA-0000077/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Decision
- Parteien:
- Beko Germany GmbH, Arçelik A.Ş, Elektronik Plant v. Dolby International AB
Kernaussage: After the parties settled, the Court of Appeal permitted the withdrawal of both the infringement action and the counterclaim for revocation under R.
2026-10-09 - CoA - Beko et al.
v.
Dolby - UPC-COA-0000077/2026
routine
After the parties settled, the Court of Appeal permitted the withdrawal of both the infringement action and the counterclaim for revocation under R. 265 RoP during the appeal and declared the proceedings closed, noting that a withdrawal remains possible until the final decision becomes legally binding, that withdrawal of the counterclaim makes the requests to amend the patent ineffective, and that closure renders the impugned Düsseldorf LD decision ineffective (following Dexcom v Abbott). Because neither party requested one, no cost decision was made. On court fees, the Court held that the amended R. 370.9 RoP (in force 1 January 2026) applied because the withdrawal application was filed after 31 December 2025, and that R. 370.9(b)(i) RoP applies correspondingly to the withdrawal of an appeal, as R. 265 RoP does. Since the withdrawal was requested during the written procedure, 50% of the court fees paid for each appeal was reimbursed.