Key takeaways
Practical guidance on withdrawing an action against a single defendant in a multi-party case
The claimant had filed an infringement suit against two entities, Wizart Inc. and Wizart LLC. However, after facing difficulties serving the claim and being informed by the first defendant that the second was a “non-existent company,” Leap Tools moved to withdraw the action against only Wizart LLC. The court permitted the partial withdrawal.
The decision was based on the fact that the Statement of Claim had not yet been successfully served on the second defendant. Consequently, the court reasoned that Wizart LLC had no “legitimate interest” in the case proceeding, as its involvement had not been formally established. This ruling highlights that a defendant’s right to have a case decided is significantly diminished before service is complete.
In line with the rules, the court ordered the claimant to bear the costs related to the withdrawn portion of the action.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_541/2025
Type of proceedings
Application to withdraw an infringement action
Parties
Leap Tools Inc.
v.
Wizart Inc. et al.
Patent(s)
EP 3 859 566
Jurisdictions
Germany
Body of legislation / Rules
Rule 265 RoP
