2026-02-18 - LD Mannheim - Corning v. TCL et al. - UPC_CFI_819/2024
- Aktenzeichen:
- UPC_CFI_819/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- Corning Incorporated v. Hisense Gorenje Germany GmbH, Hisense Europe Holding GmbH, TCL Deutschland GmbH & Co. KG, TCL Deutschland Verwaltungs GmbH, TCL Operations Polska, Sp. z o.o., TCL Belgium, SA, LG Electronics Deutschland GmbH, LG Electronics European Shared Service Center B.V., LG Electronics European Holding B.V.
Kernaussage: The Mannheim Local Division permitted a claimant to withdraw its infringement action against two of six defendants under R.
2026-02-18 - LD Mannheim - Corning
v.
TCL et al. - UPC_CFI_819/2024
notable
The Mannheim Local Division permitted a claimant to withdraw its infringement action against two of six defendants under R. 265.1 RoP, and those defendants to withdraw their counterclaim for revocation, each side consenting to the other's application. The division confirmed that R. 265.1 RoP covers a partial withdrawal directed at some only of several defendants, following the Munich Local Division. On costs it drew a line the Court of Appeal's practice does not: the rule that no cost decision is required where an action is withdrawn in its entirety and no party asks for one does not extend to a partial withdrawal, because the parties who remain in the action must not be burdened with the costs of the part that has gone. It therefore ruled expressly that the claimant bears the court fees and its own costs of the withdrawn part and seeks no compensation for it, a matter the final cost decision must take into account. Court fees on the counterclaim were reimbursed at 40% under R. 370.11 in conjunction with R. 370.9(b)(ii) RoP in the version in force until 1 January 2026.