The Hague - Local Division

UPC_CFI_562/2024 (ACT_53711/20240 UPC_CFI_174/2025 (CC_9602/2025) Order

of the Court of First Instance of the Unified Patent Court

issued on 29/04/2025 regarding: withdrawal and reimbursement

APPLICANTS

1) Hand Held Products Inc.

-855 S Mint Street, Charlotte - 28202 - North

Carolina - US, Claimant in the main infringement action, defendant in the counterclaim, Applicant of App_12934 and App - 13867 , ' Hand Held '

Represented by Tobias Wuttke

2) Scandit AG

Hardtturmstraße 181 - 8005 - Zurich - CH

Represented by Marcus Grosch

3) Scandit Inc

33 Arch Street - 02109 - Boston, MA - US

2. and 3) are Defendants in the main infringement proceedings, claimants in the counterclaim for revocation and Applicants of App_12962/2025 and App_13151/2025. They are collectively referred to as 'Scandit'

Represented by Marcus Grosch

PATENT AT ISSUE

Patent no.

Proprietor/s

EP4163816

Hand Held Products Inc.

DECIDING JUDGE

FULL PANEL

Presiding judge Judge-rapporteur

Edger Brinkman

Margot Kokke

Legally qualified judge

Petri Rinkinen

LANGUAGE OF PROCEEDINGS: English

Subject-matter of the proceedings:

Infringement proceedings and counter claims for revocation

POINTS AT ISSUE AND GROUNDS

• 1. Hand Held and Scandit request withdrawal of their respective claims (with applications App_12934/2025 for the infringement claim and App_12962/2025 for the counter claim for revocation) pursuant to R.265.1 RoP because they have reached a settlement. They request the court to declare the proceedings closed.
• 2. In both actions the other party has been heard. All parties consent to the withdrawal. Cost decisions are not requested.
• 3. The applications are admissible as there is no final decision in the actions. They shall be granted. The registry shall be instructed to register the closure of both actions in the register.
• 4. By separate applications in both actions (App_13867/2025 from Hand Held in the infringement claim and App_13151/2025 from Scandit in the counter claim for revocation) the parties request reimbursement of court fees pursuant to R.370.9 (b) (i) RoP.
• 5. These applications are admissible as well. As the written procedure is still ongoing (only a statement of defence was filed in the main action, and only the claim in the counterclaim proceedings), these applications are also granted and the registry is instructed to reimburse 60% of the court fees. To the extent that this is necessary, the value of the actions is set at three million euro (as indicated by the parties).
• 6. This order is uploaded in the workflows of the applications mentioned above in 1. and 4. to close these four workflows.

ORDER

The court:

• A. allows the withdrawal of infringement action UPC_CFI_562/2024; ACT_53711/2024 and of counterclaim action UPC_CFI_174/2025; CC_9602/2025
• B. declares those proceedings closed;
• C. orders that this decision shall be entered on the register in both claim and counterclaim actions (R.265.2(b));
• D. declares that there is no need for cost decisions;
• E. orders the claimants in both actions to be reimbursed 60% of the respective court fees paid,
• F. sets the value of the actions at EUR 3.000.000.

ORDER DETAILS

Order no. ORD_13031/2025 in

ACTION NUMBER: ACT_53711/2024 with UPC number:

UPC_CFI_562/2024

Action type:

Infringement Action

And in

ACTION NUMBER: CC_9602/2025 with UPC number: UPC_CFI_174/2025

Action type: Counterclaim for Revocation

Related proceeding no. Application No.s:

12934/2025, 12962/2025, 13151/2025 and

13867/2025

Application Types:

Applications for leave to withdraw an action (RoP265) and Applications for reimbursement of court fees (RoP370.9 (b))