2025-10-08 - LD Munich - Huawei v. MediaTek - UPC_CFI_254/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: Panel 2 of the Munich Local Division allowed the withdrawal of an infringement action, of the counterclaim for revocation and of an application for an order to produce evidence, all lodged before the close of the written procedure. It held that a counterclaim for revocation is an action within the meaning of R. 265.1 RoP, and that a defendant on whom the claim has not yet been served need not be heard on the withdrawal. On costs the Division stated the Munich position squarely: under R. 265.2(c) RoP a cost decision must be given without any application by the parties, and a statement that neither party seeks a cost order is not a reason to give none but a matter to be taken into account within it — regularly meaning that no reimbursement takes place between the parties and each bears its own costs. Both sides recovered 60% of their court fees under R. 370.9(b)(i) and R. 370.11 RoP, EUR 9,000 each.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_254/2025