ORD_2863/2025 | EP2286325 | UPC Decision Search

	Type Order Decision	Reference	Court Division Brüssel Brussels Copenhagen Den Haag Düsseldorf Hamburg Helsinki Lisbon Lissabon Luxembourg Luxemburg Mailand Mannheim Milan München Munich Nordic Baltic Regional Division Paris The Hague Vienna			Tags
28 January, 2025	Order	ORD_2863/2025	Munich (DE) Local Di…	EP2286325	R 265 RoP ...	Please log in to add tags.	Please log in to add notes. Please log in to add tags. Show on UPC ORD_2863/2025 28 January, 2025 Order Summary (AI generated) Party Qualcomm Incorporated Registry Information Registry Number: App_2710/2025 Court Division: Munich (DE) Local Division Type of Action: Application Rop 265 Language of Proceedings: EN Patent at issue EP2286325 Sections Keywords (EN) Withdrawal, Reimbursement court fees Cited Legal Standards R 265 RoP R 370 RoP Rule 265 Rule 265.1 Rule 265.1 RoP Rule 265.2 Rule 265.2(c) RoP Rule 370.11 RoP Rule 370.9 (b) (i) RoP Documents Download Order (EN) Add a custom note or summary to this decision Styles Text Heading 1 Heading 2 Heading 3 Bold ⌘B Italic ⌘I Strikethrough ⌘+Shift+S Bullet list Ordered list Blockquote ⌘+Shift+B Insert link ⌘K Insert link Unlink Align Left Center Right Local Division Munich UPC_CFI_421/2024 Decision of the Court of First Instance of the Unified Patent Court Issued on 28 January 2025 CLAIMANT Qualcomm incorporated. , 5775 Morehouse Drive, San Diego, CA 92121-1714, represented by CEO Christiano R. Amon, US, represented by: Johannes Heselberger. Bardehle Pagenberg Partnerschaft mbB, Prinzregentenplatz 7, 81675 München, Germany. DEFENDANTS Shenzhen Transsion Holdings Co ., Ltd. Unit 1, 24th Floor, Chuan Yin (Transsion) Building, No. 8 Xianyuan Rd, Xili Sub-district, Nanshan District, Shenzhen 518055, Guangdong Province, P. R. China, Defendant 1, Tecno Mobile Ltd ., Flat N, 16/F., Block B, Universal Industrial Centre, 19-25 Shan Mei Street Fotan, New Territories, Hong Kong SAR, P. R. China Defendant 2, Infinix Mobility Ltd., Flat N, 16/F., Block B, Universal Industrial Centre, 19-25 Shan Mei Street, Fotan, New Territories, Hong Kong SAR, P. R. China Defendant 3, Tekpoint GmbH , Leopold-Ungar-Platz 2, 1190 Vienna, Austria, Defendant 4, Galaxus Deutschland GmbH , Schützenstraße 5, 22761 Hamburg, Germany, Defendant 5, Max ICT B.V. , Hercules 20, 5126 RK Gilze, The Netherlands, Defendant 6, Defendant 1-4 represented by: Dr. Steininger, Hogan Lovells International LLP, Karl- Scharnagl-Ring 5, 80539 München, Germany. Defendant 6 represented by: Dr. Jestaedt, Krieger Mes, Bennigsen-Platz 1, 40474 Düsseldorf, Germany. PATENT AT ISSUE European patent no° EP 2 286 325 PANEL/DIVISION Panel 2 of the Local Division Munich DECIDING JUDGES This decision has been issued by Presiding Judge Ulrike Voß (Judge-Rapporteur), the Legally Qualified Judge Dr Daniel Voß and the Legally Qualified Judge András Kupecz. LANGUAGE OF THE PROCEEDINGS English SUBJECT OF THE PROCEEDINGS Withdrawal action, R 265 RoP / Reimbursement court fees, R 370 RoP SUMMARY OF THE FACTS By statement of claim dated 17 July 2024, the Claimant filed a patent infringement action against the Defendants. With pleading dated 17 January 2025, the Claimant 1 has declared the withdrawal of its action. In its reasoning, it stated that it and Defendant 1 have reached a settlement. This provides for the Claimant to withdraw all pending actions and for each party to bear its own costs. In addition, the Claimant applied for a reimbursement of 60 % of the court fees paid pursuant to Rule 370.9 (b) (i) RoP. By statement of 23 January 2025, the Defendants 1 to 4 have declared their consent to the withdrawal. They further declared that they have no interest in the court deciding on the action (Rule 265 (1) third sentence RoP). Requests for cost reimbursement will not be submitted. Defendant 6 did not submit any comments. REASONS FOR THE ORDER I. Pursuant to Rule 265.1, first sentence, RoP, a claimant may, as long as there is no final decision in the action, request that the action be withdrawn. The application for withdrawal is not allowed, according to sentence 3, if the other party has a legitimate interest in the action being decided by the Court. On this basis, the withdrawal is permitted. The withdrawal of the action was declared before a final decision was issued. The Defendants have not asserted any legitimate interests pursuant to Rule 265.1 RoP, nor can any such interests be identified in any other way. II. The consequence of permitting a withdrawal is, according to Rule 265.2 (a) and (b) RoP, to give a decision declaring the proceedings closed and to order the decision to be entered on the register. According to Rule 265.2(c) RoP, when permitting the withdrawal, the Court issues a decision on costs in accordance with Part 1, Chapter 5. An agreement between the parties regarding the costs or a settlement must be taken into account. III. Pursuant to Rule 370.9 (b) (i) RoP in conjunction with Rule 370.11 RoP, 60 % of the court fees paid are to be reimbursed if the action -as in this case -is withdrawn before the closure of the written procedure. ORDER The withdrawal of the action is permitted. The proceedings are declared closed. This decision is to be entered on the register. The parties shall bear their own extrajudicial costs. Claimant is to be reimbursed 60 % of the court fees paid by it, and thus an amount of € 1 8.600,00. The value of the action is set at € 3.000.000,00. INSTRUCTION FOR THE REGISTRY The Registrar is instructed to make a payment of € 1 8.600,00 to the Claimant as soon as possible in accordance with point 5 of the Order, Rule 370.11 RoP. DETAILS OF THE ORDER ACT_41607/2024 UPC_CFI_421/2024 App_2710/2025 Ulrike Voß Presiding Judge Dr Daniel Voß Legally Qualified Judge András Kupecz Legally Qualified Judge For the Sub-Registrar

ORD_2863/2025

Local Division Munich UPC_CFI_421/2024

Decision

of the Court of First Instance of the Unified Patent Court Issued on 28 January 2025

CLAIMANT

Qualcomm incorporated. , 5775 Morehouse Drive, San Diego, CA 92121-1714, represented by CEO Christiano R. Amon, US,

represented by:

Johannes Heselberger. Bardehle Pagenberg Partnerschaft mbB, Prinzregentenplatz 7, 81675 München, Germany.

DEFENDANTS

1. Shenzhen Transsion Holdings Co ., Ltd. Unit 1, 24th Floor, Chuan Yin (Transsion) Building, No. 8 Xianyuan Rd, Xili Sub-district, Nanshan District, Shenzhen 518055, Guangdong Province, P. R. China,

Defendant 1,

1. Tecno Mobile Ltd ., Flat N, 16/F., Block B, Universal Industrial Centre, 19-25 Shan Mei Street Fotan, New Territories, Hong Kong SAR, P. R. China

Defendant 2,

1. Infinix Mobility Ltd., Flat N, 16/F., Block B, Universal Industrial Centre, 19-25 Shan Mei Street, Fotan, New Territories, Hong Kong SAR, P. R. China

Defendant 3,

1. Tekpoint GmbH , Leopold-Ungar-Platz 2, 1190 Vienna, Austria,

Defendant 4,

1. Galaxus Deutschland GmbH , Schützenstraße 5, 22761 Hamburg, Germany, Defendant 5,
1. Max ICT B.V. , Hercules 20, 5126 RK Gilze, The Netherlands,

Defendant 6,

Defendant 1-4 represented by:

Dr. Steininger, Hogan Lovells International LLP, Karl- Scharnagl-Ring 5, 80539 München, Germany.

Defendant 6 represented by:

Dr. Jestaedt, Krieger Mes, Bennigsen-Platz 1, 40474 Düsseldorf, Germany.

PATENT AT ISSUE

European patent no° EP 2 286 325

PANEL/DIVISION

Panel 2 of the Local Division Munich

DECIDING JUDGES

This decision has been issued by Presiding Judge Ulrike Voß (Judge-Rapporteur), the Legally Qualified Judge Dr Daniel Voß and the Legally Qualified Judge András Kupecz.

LANGUAGE OF THE PROCEEDINGS

English

SUBJECT OF THE PROCEEDINGS

Withdrawal action, R 265 RoP / Reimbursement court fees, R 370 RoP

SUMMARY OF THE FACTS

By statement of claim dated 17 July 2024, the Claimant filed a patent infringement action against the Defendants.

With pleading dated 17 January 2025, the Claimant 1 has declared the withdrawal of its action. In its reasoning, it stated that it and Defendant 1 have reached a settlement. This provides for the Claimant to withdraw all pending actions and for each party to bear its own costs. In addition, the Claimant applied for a reimbursement of 60 % of the court fees paid pursuant to Rule 370.9 (b) (i) RoP.

By statement of 23 January 2025, the Defendants 1 to 4 have declared their consent to the withdrawal. They further declared that they have no interest in the court deciding on the action (Rule 265 (1) third sentence RoP). Requests for cost reimbursement will not be submitted.

Defendant 6 did not submit any comments.

REASONS FOR THE ORDER

Pursuant to Rule 265.1, first sentence, RoP, a claimant may, as long as there is no final decision in the action, request that the action be withdrawn. The application for withdrawal is not allowed, according to sentence 3, if the other party has a legitimate interest in the action being decided by the Court.

On this basis, the withdrawal is permitted. The withdrawal of the action was declared before a final decision was issued. The Defendants have not asserted any legitimate interests pursuant to Rule 265.1 RoP, nor can any such interests be identified in any other way.

II.

The consequence of permitting a withdrawal is, according to Rule 265.2 (a) and (b) RoP, to give a decision declaring the proceedings closed and to order the decision to be entered on the register.

According to Rule 265.2(c) RoP, when permitting the withdrawal, the Court issues a decision on costs in accordance with Part 1, Chapter 5. An agreement between the parties regarding the costs or a settlement must be taken into account.

III.

Pursuant to Rule 370.9 (b) (i) RoP in conjunction with Rule 370.11 RoP, 60 % of the court fees paid are to be reimbursed if the action -as in this case -is withdrawn before the closure of the written procedure.

ORDER

1. The withdrawal of the action is permitted.
1. The proceedings are declared closed.
1. This decision is to be entered on the register.
1. The parties shall bear their own extrajudicial costs.
1. Claimant is to be reimbursed 60 % of the court fees paid by it, and thus an amount of € 1 8.600,00.
1. The value of the action is set at € 3.000.000,00.

INSTRUCTION FOR THE REGISTRY

The Registrar is instructed to make a payment of € 1 8.600,00 to the Claimant as soon as possible in accordance with point 5 of the Order, Rule 370.11 RoP.

DETAILS OF THE ORDER

ACT_41607/2024 UPC_CFI_421/2024 App_2710/2025

Ulrike Voß Presiding Judge

Dr Daniel Voß Legally Qualified Judge

András Kupecz Legally Qualified Judge

For the Sub-Registrar