2026-11-06 - LD Mannheim - Samsung v. Zte - UPC_CFI_189/2025
- Aktenzeichen:
- UPC_CFI_189/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- Samsung Electronics Co., Ltd v. ZTE Deutschland GmbH, ZTE France SASU, ZTE Netherlands B.V.
Kernaussage: The Mannheim LD, by the judge-rapporteur, permitted under R.
2026-11-06 - LD Mannheim - Samsung
v.
Zte
UPC_CFI_189/2025
routine
The Mannheim LD, by the judge-rapporteur, permitted under R. 265 RoP the mutually agreed withdrawal of an infringement action and of the joint counterclaim for revocation, and declared both proceedings closed. No decision on costs was required because both actions were withdrawn in their entirety and all parties declared that none was requested. The claimant's request for proportional reimbursement of court fees under R. 370.9(c)(ii) RoP was rejected: the version of R. 370.9 RoP in force since 1 January 2026 applied because the R. 265 application was filed after that date, the action was not withdrawn before the closure of the written procedure (R. 370.9(b) RoP), and the claimant did not put forward that the requirements of R. 370.9(c) RoP were met. The Court confirmed the value in dispute of EUR 4,000,000 set in its order of 28 May 2025 and applied the same value to the counterclaim.