2026-06-29 - LD Munich - Nokia v. ASUS - UPC_CFI_289/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division allowed the mutual withdrawal of an infringement action and the two counterclaims for revocation brought against it, holding that R. 265.1 RoP applies to counterclaims exactly as it does to claims and that neither side had asserted, nor was there any sign of, a legitimate interest in a decision on the merits. On costs it confirmed that R. 265.2(c) RoP, although its wording points only to the cost-fixing rules of R. 150 et seq. RoP, also obliges the Court to take a costs-basis decision within Art. 69 UPCA, of its own motion and without any application; a party agreement is to be respected, and a statement that no cost decision is sought is regularly to be read as meaning that no reimbursement takes place and each party bears its own costs. On the court fees the panel applied R. 370.9(b) RoP in the version in force since 1 January 2026, because what fixes the applicable version is the date the withdrawal application is filed — a point the Court of Appeal has settled in four decisions — and it expressly declined to follow the contrary view of the Mannheim Local Division, seeing no need to grant leave to appeal. Half of the court fees paid was ordered repaid to each of the three fee-paying groups. The counterclaims were valued at the value of the infringement action plus 50%, following the Administrative Committee's fee Guidelines.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_289/2025