Home » UPC decisions » Luxembourg Court of Appeal » CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_183/2024

CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_183/2024

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Key takeaways

R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not exclude the possibility to apply for a withdrawal for any category of action or stage of proceedings.

According to R. 265 RoP, it is in the discretion of the Court to decide on an application to withdraw. It is clearly stipulated that the other party shall be heard and that their interests shall be considered.

Whether an appeal can be withdrawn in relation to one or two of several respondents would depend on the circumstances of the case. The CoA will consider whether those respondents have already been served the Statement of grounds of appeal, whether they want the appeal to be adjudicated in relation to themselves as respondents and whether they have a legitimate interest in adjudication.

Division

Court of Appeal Luxembourg

UPC number

UPC_CoA_183/2024

Type of proceedings

Procedural order

Parties

Appellant (and Claimant in the main proceedings): Daedalus Prime LLC

Respondents (and Defendants in the main proceedings): Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH, et al.

Patent(s)

EP 2 792 100

Rules

Rule 265 RoP


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  • Anita Peter

    Attorney-at-Law (Rechtsanwältin), LL.M., Senior Associate

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