Nordic-Baltic - Regional Division
UPC_CFI_452/2024
Decision of the Court of First Instance of the Unified Patent Court
delivered on 25/04/2025
CLAIMANT
- Viking Arm AS
Lommedalsveien 230 - 1353 - Bærums Verk - NO
Represented by Christopher Tehrani
DEFENDANTS
- Stanley Black & Decker Sweden AB
Box 94 - 431 22 - Mölndal - SE
-
Stanley Black & Decker Inc. 1000 Stanley Drive - 06053 - New Britain, Connecticut - US
-
Stanley Black & Decker Deutschland GmbH (Defendant) - Black-&-Decker-Straße 40 - 65510 - Idstein - DE
Represented by Conor Wilman
PATENT AT ISSUE
| Patent no. |
Proprietor/s |
| EP3953541 |
Viking Arm AS |
COMPOSITION OF PANEL - FULL PANEL
Presiding judge Judge-rapporteur Legally qualified judge
Stefan Johansson
Kai Härmand
Petri Rinkinen
Technically qualified judge
Marc van der Burg
LANGUAGE OF PROCEEDINGS: English
SUBJECT-MATTER OF THE PROCEEDINGS
Infringement action and counterclaim for revocation
STATEMENT OF THE FORMS OF ORDER SOUGHT BY THE PARTIES
Pursuant to Rule 265 RoP, Viking Arm, the Claimant in the Infringement Action, requests withdrawal of the infringement action (ACT_19392/2024) and Stanley, the Claimants in the Counterclaim for Revocation Action, request withdrawal of their Counterclaim for Revocation (CC_44381/2024) in respect of EP 3953541. Viking Arm confirms that it agrees to Stanley's withdrawal and similarly Stanley confirm that they agree to Viking Arm's withdrawal. Since parties have agreed to withdraw their respective actions, neither party has a legitimate interest in the actions being decided by the Court. Regarding costs, parties agree that a costs decision is not required.
GROUNDS FOR THE ORDER
According to Rule 265 of the Rules of Procedure (RoP), a claimant may apply to withdraw its action as long as there is no final decision. The Court shall decide on such an application to withdraw the action after hearing the other party. The application to withdraw shall not be permitted if the other party has a legitimate interest in the action being decided by the Court.
The Court declares the proceedings closed. The Claimant has withdrawn the infringement action, and the Defendants of the infringement action have withdrawn their counterclaim for revocation. The parties have filed a joint request to the Court and hence they have been heard. The parties have requested that the Court should not issue a decision regarding their costs in these proceedings, hence the Court will refrain from issuing such decision.
DECISION
The Court declares these proceedings closed.
The decision on the closure of the proceedings shall be entered on the register.
INFORMATION ABOUT APPEAL
This decision may be the subject of an appeal within two months of service of the Court's decision.
Decision issued on 25 April 2025
Signatures
Stefan Johansson Presiding Judge Legally Qualified Judge
Kai Härmand Judge-Rapporteur Legally Qualified Judge
Petri Rinkinen Legally Qualified Judge
Marc van der Burg Technically Qualified Judge
Johanna Mikkola Jäghammar Clerk/For Deputy-registrar
ORDER DETAILS
Order no. ORD_18928/2025 in ACTION NUMBER: ACT_19392/2024 and CC_44381/2024 UPC number: UPC_CFI_452/2024
Action type:
Infringement Action and Counterclaim for Revocation
Related proceeding no. Application No.:
18430/2025
Application Type:
Application for leave to withdraw an action (RoP265)