Key takeaways
Withdrawal of the action during appeal proceedings possible
After the first instance infringement decision was appealed, the decision on withdrawal is within the competence of the CoA. According to R. 265.1 RoP, the decision of the first instance is not final. Therefore, admissibility of the withdrawal of the infringment action is not precluded during appeal.
Withdrawal of counterclaim renders applications to amend the patent irrelevant
The withdrawal of the counterclaim for revocation has the effect that the applications for amendment of the patent become irrelevant. Against this background, there was no need for a separate admission of the withdrawal of the applications to amend the patent.
Division
CoA Luxemburg
UPC number
UPC_CoA_629/2024; APL_58696/2024; App_66724/2024; App_68614/2024
UPC_CoA_631/2024; APL_58707/2024; App_68613/2024; App_66709/2024 (GEI)
UPC_CoA_632/2024; APL_58726/2024; App_68611/2024; App_66710/2024 (GEI)
Type of proceedings
Appeal proceedings
Parties
Claimant: Avago Technologies International Sales Pte. Limited
Defendants: Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE
Patent(s)
EP4072364
EP3498117
Body of legislation / Rules
R. 265 RoP