Partially Granted
2 partially granted decisions from Lisbon (PT) Local Division.
Partially Granted Decisions
2 cases | Page 1 of 1
TELEFONAKTIEBOLAGET LM ERICSSON v.ASUSTEK COMPUTER INC; DIGITAL RIVER IRELAND LTD.
Ericsson initiated an infringement action against AsusTek and Digital River concerning EP 2 819 131 B1. Due to Digital River's insolvency, Ericsson sought leave to withdraw the claim against that defendant. The UPC Court granted this partial withdrawal, allowing the main case to proceed solely against AsusTek. This decision highlights the procedural flexibility of the UPC in managing cases involving insolvent parties while maintaining fairness.
Asustek Computer Inc. v.Telefonaktiebolaget LM Ericsson
This UPC decision addressed a cost application following the dismissal of an infringement preliminary injunction filed by Ericsson against AsusTek, Arvato, and Digital River. The Court ruled that while general legal costs should be assessed as part of the main action to uphold proportionality and prevent double recovery, travel expenses specific to the PI proceedings could be awarded if properly substantiated. This decision provides clarity on how cost assessments interact between preliminary measures and subsequent merits actions under the UPC framework.
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