Settled
3 settled decisions from Milan (IT) Local Division.
Settled Decisions
3 cases | Page 1 of 1
Hypertherm Inc. v.Tec.Mo. s.r.l.
In a procedural decision, the UPC Local Division of Milan dismissed an infringement action brought by Hypertherm Inc. against Tec.Mo. s.r.l. The case was terminated because both parties had reached a comprehensive out-of-court settlement covering all disputes and litigation costs. Crucially, the court confirmed the refund of 60% of the initial court fees to the claimant under Rule 370.9(c)(i) RoP, demonstrating how procedural rules facilitate efficient case closure upon amicable resolution.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This UPC case involved Oerlikon Textile asserting infringement of EP2145848 against Himson Engineering, while Himson counter-sued for revocation. After extensive proceedings, including an Oral Hearing, both parties reached a transactional agreement to terminate the dispute. The Court formally accepted the withdrawal applications under Rule 265 ROP, declaring the case closed and confirming that legal costs would be mutually compensated.
Edwards Lifesciences Corporation v.Sintec S.R.L.
This UPC decision confirms a settlement reached between Edwards Lifesciences Corporation and Sintec S.R.L./Value Med S.R.L., concluding an earlier application for provisional measures concerning EP 3 646 825 B1. While the settlement itself was confirmed, the Court rejected Edwards' request to reimburse court fees based on a misapplication of procedural rules. This case highlights the finality and binding nature of settlements within the UPC framework.
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