2025-10-27 - LD Munich - Motorola et al. v. Motorola et al. - UPC_CFI_494/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division allowed the mutual withdrawal of an infringement action and two revocation counterclaims and made the cost decision that R. 265.2(c) RoP requires. It confirmed that on withdrawal the Court must take a decision on liability for costs under Art. 69(1) UPCA of its own motion, taking any settlement between the parties into account. As against the defendant who was not party to the settlement, the withdrawing claimant is the unsuccessful party: an out-of-court settlement with other defendants is not equivalent to achieving the relief sought, and the claimant had additionally waived its claims against that defendant. On the counterclaim the answer runs the other way — the counterclaimant that withdraws is the unsuccessful party, because the relief it sought, revocation of the patent, was not obtained. The Court expressly delimited the Court of Appeal's AorticLab v Emboline order, which treats a revocation counterclaim as an inherent defensive measure for the purposes of security for costs under R. 158.1 RoP but says nothing about who bears its costs. Court fees were reimbursed at 60% under R. 370.9(b)(i) RoP because the written procedure had not yet closed, no date having been set under R. 35(a) and R. 36 RoP.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_494/2024