Executive Summary
In this UPC decision, NEC Corporation successfully withdrew its patent infringement action against several TCL entities before a final judgment was rendered. The Court permitted the withdrawal and declared the proceedings closed. Crucially, the ruling confirmed that even upon voluntary withdrawal, specific rules apply regarding court fee reimbursement, granting NEC 60% of the fees paid.
What the Court Held — Ratio Decidendi
The Court permitted the withdrawal of the infringement action because no final decision had been issued and the defendants did not assert any legitimate interest in the continuation of the case. Furthermore, the court applied specific rules regarding cost reimbursement for actions withdrawn before the closure of the written procedure.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Munich (DE) Local Division. Understanding the court's reasoning in NEC Corporation vs TCL Deutschland GmbH & Co. KG, TCL Industrial Holdings Co., Ltd., TCT Mobile Germany GmbH, TCT Mobile Europe SAS, TCL Commuincation Technology Holdings Ltd., TCL Operations Polska Sp., Z.o.o, TCL Overseas Marketing Ltd. is valuable context for structuring arguments or assessing risk in similar proceedings.
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