UPC_CFI_562/2024; UPC_CFI_174/2025 – Handheld v Scandit

Court
Local Division The Hague
Date
Outcome
Granted
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Settlement Facts Both parties filed an application for withdrawal, and both parties agreed with the request of the other party. The parties did not ask for costs. The Court The Court allows the withdrawal and orders that the parties are reimbursed 60% of the court costs, which they had asked for by separate applications. Comment I repeat myself. Parties settle and now bother the Court with four applications. When do we become sensible and realize that R. 265 RoP is not written for this and that this can all be done with the Registry?

Full Decision Text

UPC_CFI_562/2024 (ACT_53711/20240 UPC_CFI_174/2025 (CC_9602/2025) Order of the Court of First Instance of the Unified Patent Court issued on 29/04/2025 regarding: withdrawal and reimbursement APPLICANTS 1) 2) 3) Hand Held Products Inc. -855 S Mint Street, Charlotte - 28202 - North Carolina – US, Claimant in the main infringement action, defendant in the counterclaim, Applicant of App_12934 and App–13867, “Hand Held” Scandit AG Hardtturmstraße 181 - 8005 – Zurich - CH Scandit Inc 33 Arch Street - 02109 - Boston, MA – US 2) and 3) are Defendants in the main infringement proceedings, claimants in the counterclaim for revocation and Applicants of App_12962/2025 and App_13151/2025. They are collectively referred to as “Scandit” PATENT AT ISSUE Patent no. Represented by Tobias Wuttke Represented by Marcus Grosch Represented by Marcus Grosch Proprietor/s EP4163816 Hand Held Products Inc. 1 DECIDING JUDGE FULL PANEL Presiding judge Judge-rapporteur Legally qualified judge Edger Brinkman Margot Kokke Petri Rinkinen LANGUAGE OF PROCEEDINGS: English Subject-matter of the proceedings: Infringement proceedings and counter claims for revocation POINTS AT ISSUE AND GROUNDS 1. Hand Held and Scandit request withdrawal of their respective claims (with applications App_12934/2025 for the infringement claim and App_12962/2025 for the counter claim for revocation) pursuant to R.265.1 RoP because they have reached a settlement. They request the court to declare the proceedings closed. 2. In both actions the other party has been heard. All parties consent to the withdrawal. Cost decisions are not requested. 3. The applications are admissible as there is no final decision in the actions. They shall be granted. The registry shall be instructed to register the closure of both actions in the register. 4. By separate applications in both actions (App_13867/2025 from Hand Held in the infringement claim and App_13151/2025 from Scandit in the counter claim for revocation) the parties request reimbursement of court fees pursuant to R.370.9 (b) (i) RoP. 5. These applications are admissible as well. As the written procedure is still ongoing (only a statement of defence was filed in the main action, and only the claim in the counterclaim proceedings), these applications are also granted and the registry is instructed to reimburse 60% of the court fees. To the extent that this is necessary, the value of the actions is set at three million euro (as indicated by the parties). 6. This order is uploaded in the workflows of the applications mentioned above in 1. and 4. to close these four workflows. 2 ORDER The court: A. allows the withdrawal of infringement action UPC_CFI_562/2024; ACT_53711/2024 and of counterclaim action UPC_CFI_174/2025; CC_9602/2025 B. declares those proceedings closed; C. orders that this decision shall be entered on the register in both claim and counterclaim actions (R.265.2(b)); D. declares that there is no need for cost decisions; E. orders the claimants in both actions to be reimbursed 60% of the respective court fees paid, F. sets the value of the actions at EUR 3.000.000. Brinkman, presiding judge Rinkinen, legally qualified judge Kokke, judge rapporteur For the Deputy Registrar, clerk ORDER DETAILS Order no. ORD_13031/2025 in ACTION NUMBER: ACT_53711/2024 with UPC number: Action type: Infringement Action And in UPC_CFI_562/2024 ACTION NUMBER: CC_9602/2025 with UPC number: UPC_CFI_174/2025 Action type: Counterclaim for Revocation Related proceeding no. Application No.s: 12934/2025, 12962/2025, 13151/2025 and 13867/2025 Application Types: Applications for leave to withdraw an action (RoP265) and Applications for reimbursement of court fees (RoP370.9 (b))

Key Holdings

  • Withdrawal allowed upon settlement.
  • 60% court fee reimbursement granted.

Tags

  • Costs
  • Court Fees
  • Settlement
  • Withdrawal

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