ARTICLE
22 January 2025

CoA, January 15, 2025, Order On Withdrawal, UPC_CoA_629/2024

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
After the first instance infringement decision was appealed, the decision on withdrawal is within the competence of the CoA. According to R. 265.1 RoP, the decision of the first instance is not final.
Luxembourg Intellectual Property

1. Key takeaways

Withdrawal of the action during appeal proceedings possible

After the first instance infringement decision was appealed, the decision on withdrawal is within the competence of the CoA. According to R. 265.1 RoP, the decision of the first instance is not final. Therefore, admissibility of the withdrawal of the infringment action is not precluded during appeal.

Withdrawal of counterclaim renders applications to amend the patent irrelevant

The withdrawal of the counterclaim for revocation has the effect that the applications for amendment of the patent become irrelevant. Against this background, there was no need for a separate admission of the withdrawal of the applications to amend the patent.

2. Division

CoA Luxemburg

3. UPC number

UPC_CoA_629/2024; APL_58696/2024; App_66724/2024; App_68614/2024

UPC_CoA_631/2024; APL_58707/2024; App_68613/2024; App_66709/2024 (GEI)

UPC_CoA_632/2024; APL_58726/2024; App_68611/2024; App_66710/2024 (GEI)

4. Type of proceedings

Appeal proceedings

5. Parties

Claimant: Avago Technologies International Sales Pte. Limited

Defendants: Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE

6. Patent(s)

EP4072364

EP3498117

7. Body of legislation / Rules

R. 265 RoP

UPC_CoA_629-2024_CoA-January-15-2025 Download

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