1. Key takeaways
No reimbursement of court fees after withdrawal on the eve of the pronouncement of the decision on the merrits.
Assuming an exceptional case pursuant to R 370.9 (e) RoP, the court denies the reimbursement of court fees.
The court points out that at the time of withdrawal, the decision was fully drafted and signed and only needed to be uploaded. The parties were aware thereof. In addition, the parties left the court in the dark until the last second as to whether or not the pronouncement should take place and only commented and reacted at all following corresponding court orders.
2. Division
Mannheim local division
3. UPC number
UPC_CFI_410/2023
4. Type of proceedings
Main action
5. Parties
MED-EL Elektromedizinische Geräte Gesellschft mbH (Claimant), Advanced Bionics AG (Defendant, Advanced Bionics GmbH (Defendant), Advanced Bionics Sarl (Defendant)
6. Patent(s)
EP4074373
7. Body of legislation / Rules
Rule 370.9 (b), (e) RoP
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