2025-10-27 - LD Munich - Flextronics v. Headwater Research - UPC_CFI_29/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: In the parallel proceedings on EP 3 110 072 the Munich Local Division allowed the mutual withdrawal of the infringement action and of both revocation counterclaims and made the cost decision required by R. 265.2(c) RoP. On withdrawal the Court must decide liability for costs under Art. 69(1) UPCA of its own motion, giving effect to any settlement. Against the defendant outside the settlement the withdrawing claimant is the unsuccessful party — a settlement with the co-defendants is not the relief sought, and the claimant additionally waived its claims against that defendant. The defendant that withdrew its own revocation counterclaim is the unsuccessful party there, because the patent was not revoked to the extent sought; the Court of Appeal's AorticLab v Emboline order on the inherent link between infringement action and counterclaim concerns security for costs under R. 158.1 RoP and decides nothing about cost liability. Court fees were reimbursed at 60% under R. 370.9(b)(i) RoP, the written procedure not having closed: no date had been set under R. 35(a) and R. 36 RoP and a request under R. 36 RoP was still to be decided.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_29/2025