2025-06-13 - LD Munich - Motorola et al. v. Motorola et al. - UPC_CFI_482/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division (Panel 2) allowed a partial withdrawal after the fourth defendant, an Irish company, went into liquidation: the claimant withdrew the infringement action against that defendant alone and the defendant withdrew its own revocation counterclaim, each with the other's consent. The Division held that R. 265.1 RoP applies also where an action is withdrawn only as regards individual defendants, or where one of several claimants withdraws, and that under R. 311.3 RoP a claimant may withdraw the action against an insolvent defendant by way of R. 265 RoP, the action against the remaining defendants being unaffected. No remaining party asserted a legitimate interest in a decision within R. 265.1, third sentence, and none was apparent, all the more so given the insolvency. The cost decision required by R. 265.2(c) RoP was made of the Court's own motion, giving effect to the two parties' joint request, and the Division construed that request twice: 'the parties' means the claimant and the fourth defendant alone, so the order does not operate against the other participants, and each bearing its own costs 'in connection with its respective withdrawal' means that no cost reimbursement takes place between them at all, rather than that each bears only the costs of its own withdrawal.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_482/2024