ACT 579176/2023 UPC CFI-361/2023 – Toyota Motor Europe NV/SA v Neo Wireless GmbH & Co. KG

Court
Central Division Paris
Date
Outcome
Withdrawal of revocation action granted; case terminated; partial reimbursement of court fees ordered.
Sector
Electronics/SEP
Decision Type
Procedural Decision on Withdrawal of Proceedings

Expert Commentary

Full Decision Text

Central Division Paris Seat Decision of the Court of First Instance of the Unified Patent Court Central Division (Paris Seat) delivered on 31. July 2025 ACT 579176/2023 UPC CFI-361/2023 PARTIES: Claimant: Toyota Motor Europe NV/SA, Avenue du Bourget 60, 1140 Evere, Belgium, represented by its CEO Yoshihiro Nakatal Representative: Dr. Constanze Krenz, David Kless, DLA Piper UK LLP, Maximilianstr. 2, 80539 Munich, German Defendant: Neo Wireless GmbH & Co. KG, Formerstr. 47, 40878 Ratingen, Germany, represented by its managing director Björn Rappen, Representative: Dr. Christoph Walke, Matthias Waters, Dr. Martin Rütten, Cohausz&Florack, Bleichstraße 14, Düsseldorf, Germany PATENT AT ISSUE: EP 3 876 490 PANEL: Panel 1 of the Central Division - Paris Seat DECIDING JUDGE: This decision has been issued by the Judge-rapporteur Maximilian Haedicke, the legally qualified judge Tatyana Zhilova representing the presiding judge Marjolein Visser and the technically qualified judge Udo Matter. LANGUAGE OF PROCEEDINGS: Englishlodged in the revocation action SUMMARY OF FACTS With date of 20 October 2023, Claimant filed a revocation action before the seat of the Central Division of the Unified Patent Court. On 19 July 2024 the judge-rapporteur and the technically qualified judge held the interim conference. The order after the interim conference was issued on 23 July 2024 (ORD 598396/2023: ACT 579176/2023). The parties were requested to submit a summary of their arguments until 16 September 2024. The date for the oral hearing has been confirmed for 25 September 2024. With order ORD 46629/2024, ACT 579176/2023 of 21 August 2024 the oral hearing was suspended. The Court stayed the proceeding with order ORD 46629/2024 ACT 579176/2023 of 10 October 2024 No. App 45991/2024 upon request of the parties. On 25 June 2025, the Claimant’s representative filed an application for withdrawal of proceedings under Rule 265 of the Rules of Procedure of the Unified Patent Court (No. App 30331/2025 UPC CFI 361/2023). Claimant requests: I. The court allows the withdrawal of the revocation action (UPC CFI 361/2023, ACT 579176/2023) and orders the proceedings closed. II. The court orders the reimbursement of 40% of the Court fees, i.e. EUR 8.000, to Toyota Motor Europe in accordance with R. 370.9 (b) (ii) RoP. Claimant further stated that a decision on the recoverable costs is not needed by the parties. According to Rule 265 Defendant was invited to comment. With submission of 9 July 2025 Defendant confirmed the withdrawal as requested by Claimant according to the application for withdrawal filed on 25 June 2025. Defendant does also not request a cost decision. GROUNDS FOR THE DECISION 1. According to Rule 265 of the Rules of Procedure (RoP), a Claimant may apply to withdraw its action as long as there is no final decision. If withdrawal is permitted, the Court shall: a) give a decision declaring the proceedings closed; b) order the decision to be entered on the register; and c) issue a cost decision in accordance with Part 1, Chapter 5 RoP. The Court will refrain from issuing a decision on costs as this is not requested. Claimant’s request for reimbursement is partially well-founded. The request for reimbursement is not justified on the basis of R. 370.9 (b) (ii) RoP, but on the basis of R. 370.9 (b) (iii). 2. A request for reimbursement on the basis of R. 370.9 (b) (ii) RoP is justified if the action is withdrawn before the closure of the interim procedure. The conditions under which the interim procedure is considered to be closed are stipulated in R.110 RoP. According to R.110 (2) RoP the interim procedure shall be deemed closed where final dates have been set pursuant to 103 and 104 on the last date set. Rules 103 RoP and 104 RoP refer to orders issued in the interim conference. On 19 July 2024 the judge-rapporteur and the technically qualified judge held the interim conference. The order after the interim conference was issued on 23 July 2024 (ORD 598396/2023, ACT 579176/2023). The last date set in the order following the interim conference was 16 September 2024. Therefore, the interim procedure was closed on 16 September 2024. 3. A request for reimbursement on the basis of R. 370.9 (b) (iii) RoP is justified if the action is withdrawn before the closure of the oral procedure. The oral procedure was cancelled so that the withdrawal was submittted before the closure of the oral procedure. 4. Accordingly, the party liable for the court fees (Claimant) will be reimbursed by 20% because the action was withdrawn before the closure of the oral procedure. 20% of the court fee of EUR 20,000 is EUR €4,000. DECISION The Court I. declares that the request for withdrawal is granted; II. declares case UPC CFI 361/2023, ACT 579176/2023, terminated pursuant to rule 265.2(a) RoP; III. orders that this decision be entered in the UPC register in accordance with rule 265.2(b) RoP; IV. orders the reimbursement of 20% of the Court fees, i.e. EUR 4.000, to plaintiff in accordance with R. 370.9 (b) (ii) RoP. V. rejects all further requests. Names and Signatures Judges Marjolein Visser, Presiding judge: (on leave and replaced by Legally qualified judge Tatyana Zhilova) Maximilian Haedicke, Legally qualified judge and judge-rapporteur: Udo Matter, Technically qualified judge: For the Deputy-Registrar Order details Order no. ORD 34062/2025 in ACTION NUMBER: ACT 579176/2023 UPC number: UPC CFI 361/2023 Action type: Revocation Action Related proceeding no. Application No.: 30331/2025 Application Type: Application for leave to withdraw an action (RoP265)

Key Holdings

  • The Court grants the application for withdrawal of the revocation action.
  • Case UPC CFI 361/2023, ACT 579176/2023, is declared terminated pursuant to Rule 265.2(a) RoP.
  • The decision is ordered to be entered in the UPC register in accordance with Rule 265.2(b) RoP.
  • The Court orders the reimbursement of 20% of the Court fees, i.e. EUR 4,000, to the plaintiff in accordance with R. 370.9 (b) (ii) RoP.
  • All further requests are rejected.

Tags

  • Court Fees
  • Interim Measures
  • Oral Hearing
  • Revocation
  • Rules of Procedure
  • Unified Patent Court
  • Withdrawal

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