UPC_CFI_432/2025; UPC_CFI_1095/2025 – Headwater v Apple
- Court
- Local Division Düsseldorf
- Date
- Outcome
- Settled
- Sector
- Electronics/SEP
- Decision Type
- SETTLEMENT
Expert Commentary
Settlement Facts 1. Both parties filed a R. 263 RoP request for withdrawal with consent of the other party of claim and counterclaim, agreeing that each party bears its own costs. 2. The parties claimed 60% of court fees back. The Court The court accepted the withdrawal, closed the case, and ordered to pay back 60% of the fees: € 14.400 to each party. Comment The UPC proceedings were apparently instrumental in enabling the parties to reach an agreement in a (minimal) € 4 million dispute. Why, then, should the Court (which must become self-financing in 4 years’ time) have to reimburse fees amounting to 0,07% of the value of the dispute? This reimbursement rule should, in my view, be abolished, save for an exception allowing reimbursement in exceptional circumstances.
Full Decision Text
Düsseldorf Local Division UPC_CFI_432/2025 UPC_CFI_1095/2025 Decision of the Court of First Instance of the Unified Patent Court issued on 9 December 2025 concerning EP 3 107 243 B1 CLAIMANT: Headwater Research LLC represented by Dr. Gregory Raleigh 110 North College Avenue, Suite 1116 Tyler, TX 75702 USA represented by: The attorneys and patent attorneys of the law firm Eisenführ Speiser, authorized representatives before the Unified Patent Court, led by Attorney-at-law Dr. Michael Schneider and Patent attorney Jochen Ehlers, Gollierstraße 4, 80339 Munich, Germany electronic address for service: mschneider@eisenfuhr.com DEFENDANTS: 1) Apple Inc., represented by CEO Tim Cook, One Apple Park Way, Cupertino, CA 95014, USA, 2) Apple Distribution International Ltd., represented by Directors Cathy Kearney, Michael Sugrue und Jamie Wong, Hollyhill Industrial Estate, Hollyhill, Cork, T23 YK84, Republic of Ireland, 3 Apple Retail Germany B.V. & Co. KG, represented by its personally liable partner Apple Holding B.V., Leidseplein 29, 1017 PS, Amsterdam, represented by Directors Alexander Niemczyk, Michael Joseph Boyd und Peter Ronald Denwood, ebenda Maximilianstraße 54, 80538 Munich, Germany, 4) Apple Retail France EURL, represented by Director Jamie Wong, 3-5 Rue Saint Georges, 75009 Paris, France, 5) Apple Retail Netherlands B.V., represented by Director Jamie Wong und Tejas Kirit Gala, Leidseplein 29, Third Floor, 1017 PS, Amsterdam, The Netherlands, represented by: Freshfields PartG mbB, Attorney-at-law Prinz Wolrad zu Waldeck und Attorney-at-law Anton Porsche, Maximiliansplatz 13, 80333 Munich, Germany 1 electronic address for service: wolrad.waldeck@freshfields.com PATENT IN SUIT: EUROPEAN PATENT NO. EP 3 107 243 PANEL/DIVISION: Panel of the Düsseldorf Local Division DECIDING JUDGES: This decision was issued by Presiding Judge Thomas, legally qualified judge Dr Thom acting as Judge-Rapporteur and legally qualified judge Agergaard. LANGUAGE OF THE PROCEEDINGS: English SUBJECT: R. 265 RoP – Application for leave to withdraw an action SUMMARY OF THE FACTS: The Claimant had filed a patent infringement action against the Defendants and the Defendants had filed a counterclaim for revocation. Prior to the closure of the written procedure, the Claimant withdrew the infringement action by brief dated 30 October 2025 and agreed in advance to the withdrawal of the counterclaim. On the same day, the Defendants agreed to the withdrawal of the infringement action withdrew the coun- terclaim for revocation. Both parties informed the Court that the parties have agreed that each party shall bear its own costs and applications for costs are therefore not made. Both parties also requested to reimburse 60% of the court fees paid by each party. GROUNDS FOR THE DECISION: The decision follows the parties’ jointly expressed will. Insofar as R. 265.2 (c) RoP requires a decision on costs in accordance with Part 1, Chapter 5 RoP, the decision takes into account the agreement reached between the parties. ORDER: 1. The withdrawal of the infringement action is allowed at the application of the Claimant and with the consent of the Defendants. 2. The withdrawal of the counterclaim for revocation is allowed at the application of the Defendants and with the consent of the Claimant. 3. All proceedings referred to in points 1. and 2. are declared closed. 2 4. This decision shall be entered in the register. 5. The value in dispute for the infringement action and the counterclaim for revocation is set at EUR 2,000,000 each. 6. Each party shall bear its own costs. 7. The Claimant is to be reimbursed 60% of the court fees paid by it, and thus an amount of EUR 14,400. 8. The Defendants are to be reimbursed 60 % of the court fees paid by them, and thus an amount of EUR 14,400. Issued in Düsseldorf on 9 December 2025 NAMES AND SIGNATURES Ronny Digital unterschrieben Presiding Judge Thomas von Ronny Thomas Thomas Datum: 2025.12.09 11:42:23 +01'00' Anna Digital unterschrieben von Legally Qualified Judge Dr Thom Bérénice Anna THOM Bérénice Dr. Dr. THOM Datum: 2025.12.09 09:42:50 +01'00' Peter Juul Digitalt signeret af Peter Juul Legally Qualified Judge Agergaard Agergaar Agergaard Dato: 2025.12.09 d 15:36:15 +01'00' Rachida Digital unterschrieben von Rachida Boudra- for the Sub-Registrar Boudra- Seddiki Datum: 2025.12.10 Seddiki 08:15:24 +01'00' 3
Key Holdings
- The court accepted the withdrawal of both the claim and counterclaim by consent of the parties, with each party bearing its own costs.
- The court ordered the reimbursement of 60% of the court fees, amounting to €14,400 for each party.
- The commentator criticized the court fee reimbursement rule, suggesting it should be abolished to support the UPC's goal of self-financing.
Tags
- Costs
- Court Fees
- Settlement
- Withdrawal