2026-02-12 - LD Munich - Sun Patent Trust v. Roku - UPC_CFI_254/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: Panel 2 of the Munich Local Division permitted the withdrawal of both an infringement action and the counterclaim for revocation after the parties settled with the Access Advance patent pool before the close of the written procedure. It confirmed that R. 265.1 RoP governs claims and counterclaims alike and that no party had asserted a legitimate interest in a decision on the merits. On costs it held that R. 265.2(c) RoP, although its wording refers only to the cost determination rules in R. 150 ff. RoP, also requires the Court to make a cost decision on the merits of costs under Art. 69 UPCA on a withdrawal, of its own motion and without any application, while a costs agreement between the parties must be taken into account. It reimbursed 60% of the court fees under R. 370.9(b)(i) RoP because the written procedure had not ended: no date had been fixed under R. 35(a) and R. 36 RoP. Finally it justified the counterclaim's value in dispute by the Administrative Committee's Guidelines of 24 April 2023, under which a counterclaim for revocation is valued at the infringement action's value plus up to 50%. [Note: this is the parallel decision of the same panel and the same day to node 900002256 (UPC_CFI_339/2024 and UPC_CFI_708/2024), on the same settlement; the reasoning is identical and only the cases and the patent differ.] The published text is internally inconsistent about the patent: the heading names EP 2 903 267 while paragraph 1 names EP 3 490 258, the same number that appears in the parallel decision.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_254/2024