1. Key takeaways
An infringement action can be withdrawn with the defendant's consent under Rule 265.1 RoP, leading the Court to declare the proceedings closed.
Before the written procedure closed, the claimant applied to withdraw the action. The defendants consented, and the Court, following the parties' joint will, allowed the withdrawal and closed the case.
When an action is withdrawn with consent, the parties can agree to bear their own costs, an arrangement the Court can order under Rule 265.2(c) RoP.
The claimant requested that each party bear its own costs, and the defendants expressly agreed. The Court orders each party to bear their own cost in accordance with this agreement.
A 60% court fee reimbursement is possible under Rule 370.9(b)(i) RoP if an action is withdrawn before the written procedure closes, with the Court processing it promptly.
As requested by the Claiment, the Court ordered the Registrar to pay the reimbursed amount of €7,800 (60% of the court fees payd) directly to the defendants in this specific case.
2. Division
Local Division Düsseldorf
3. UPC number
UPC_CFI_496/2025
4. Type of proceedings
Patent infringement
5. Parties
Claimant: Headwater Research LLC
Defendants: Samsung Electronics Co. Ltd.
Samsung Electronics GmbH
Samsung Electronics France, S.A.S.
Samsung Electronics Benelux B.V.
Samsung Electronics Italia S.p.A.
6. Patent(s)
EP 3 110 072 B1
7. Jurisdictions
UPC
8. Body of legislation / Rules
Rule 265.1 RoP
Rule 265.2(c) RoP
Rule 370.9(b)(i) RoP
Rule 370.11 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
