Key takeaways
No decision on costs if parties agree to waiver of action and do not seek cost reimbursement
If Defendant agrees to a withdrawal of an action under Rule 265 RoP and does not seek reimbursement of costs, no decision on litigation costs is necessary since under Rule 151 RoP, such an order is issued only at the request of one of the parties, which is expressly ruled out by the agreement of the parties to the withdrawal.
Claimant can request partial reimbursement of court fees.
Division
Milan local division
UPC number
UPC_CFI_57/2023
Type of proceedings
Infringment Action – decision on costs
Parties
Ocado Innovation limited, a company incorporated under the laws of England and Wales,
with registered office at Buildings One & Two, Trident Place, Mosquito Way, Hatfield, AL10
9UL, United Kingdom,
Autostore AS, a company under Norwegian law with its registered office at Stokkastrandvegen
85, Nedre Vats, 5578, Norway
Autostore SP. Z.O.O., a company under Polish law with registered office at ul. Ignacego
Łukasiewicza 4, 75-202 Koszalin/Köslin, Poland
Autostore System s.r.l., a company incorporated under the laws of Italy with registered office
at 8 Via Agnello, 20121 Milan, Italy
Autostore System GmbH, a company under German law with its registered office at Im Striep
10, 41069 Mönchengladbach, Germany
Autostore System AB, a company under Swedish law with its registered office at Hannes
Snellman Advokatbyrå AB, Box 7801, 103 96 Stockholm, Sweden
Autostore SAS, a company under French law with registered office at 55 Ter Avenue René
Cassin, 69009 Lyon, France
Autostore System AT GmbH, a company under Austrian law with its registered office at St.
Peter Gürtel 4, 8042 Graz, Austria
Autostore System S.L., a company under Spanish law with registered office in Edificio
Coronales, Bahía de Pollensa 12, 2nd floor, Madrid 28042, Spain
Patent(s)
EP4101791
Jurisdictions
Body of legislation / Rules
Rule 265(2)(c) RoP; Rule 150 RoP; Rule 151 RoP; Rule 370(9)(b) and (11) RoP; Rule 265 RoP
