Key takeaways
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible
The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only if requested by the parties. This is in line with the principle of party disposition, Art. 76 (1) and 43 UPCA. Thus, the parties may at any time conclude their action by way of settlement, also without seeking a confirmatory Court decision according to R. 365.1 RoP.
Alternative options to conclude an action
The parties may agree that the plaintiff shall apply to withdraw the action (with the consent of the defendant) in accordance with R. 265 RoP. Or, as the parties did in this case, the parties can request unanimously that the court disposes of the action as it has become devoid of purpose and there is no longer any need to adjucate theron in accordance with R. 360 RoP.
Reimbursement of Court fees based on R. 370.9 is also possible if the Court did not confirm the settlement in the sense of R. 365
Rule 370.9 (reimbursement of 20% of the Court fees) is not limited to concluding an action by way of settlement within the meaning of R. 365 (Court confirmed settlement), since the rule only speaks of “settlement”, makes no specific reference to R. 365 and since the parties shall be encouraged to settle an action in an early stage of the proceedings.
Division
Court of First Instance – Munich Central Division
UPC number
UPC 75/2023 CC_464985/2023 App_36628/2024,
UPC 80/2023 CC_465342/2023 App_36621/2024,
ORD_38648/2024
Type of proceedings
Revocation Action
Parties
Astellas Institue for Regenerative Medicine
Helios K.K.
Riken
Osaka UniversityPatent(s)
EP 3 056 563, EP 3 056 564
Body of legislation / Rules
Art. 43, 76(1) and 79 UPCA
R. 11.2, 265, 360, 365, 370.9 RoP
