UPC_CFI_717/2025 – NEC v Hisense
- Court
- Local Division Mannheim
- Date
- Outcome
- Settled
- Sector
- Electronics/SEP
- Decision Type
- SETTLEMENT
Expert Commentary
Settlement Facts 1. NEC filed an application for withdrawal, with each party bearing their own costs. 2. Hisense agreed. 3. NEC requested reimbursement of 60% of the Court fees. The JR 1. The JR granted the application. 2. The JR ordered that 60% be reimbursed. Comment 1. I note that the JR is not one of the two German judges, but the foreign judge. This makes the proceedings more international and it is a good division of the work for the Division, as the JR will generally also prepare the draft decision. 2. The Claimant was awarded a 60% reimbursement of court fees. Having read the elaborate JR’s reasoning in Nokia v Warner Bros (decision of 27 March 2026, UPC_CFI_1390/2025), I agree that this is correct.
Full Decision Text
1 Mannheim Local Division CFI 717/2025 Decision of the Court of First Instance of the Unified Patent Court issued on 19 March 2026 concerning EP 3 057 321 (withdrawal of the infringement action) CLAIMANT NEC Corporation 7-1 Shiba 5-chome Minato-ku, - 108-8001 - Tokyo – JP Represented by Tilman Müller DEFENDANTS 1) Hisense Gorenje Germany GmbH Parkring 31-33 - Garching - 85748 – DE Represented by Kilian Seidel 2) ATAG Nederland B.V. Impact 83 - 6921 RZ - Duiven – NL Represented by Kilian Seidel 3) Gorenje gospodinjski aparati, d.o.o Partizanska cesta 12 - 3320 - Velenje – SI Represented by Kilian Seidel 4) Hisense Visual Technology Co., Ltd. No. 218, Qianwangang road, Economy Development Zone - 266555 - Qingdao – CN Represented by Kilian Seidel 5) Hisense France SAS 12-16 Rue Sarah Bernhardt - 92600 - Asnières- Sur-Seine – FR Represented by Kilian Seidel 6) Hisense Italia S.r.l. Via Montefeltro, 6A - 20156 - Milan – IT Represented by Kilian Seidel 2 PATENT AT ISSUE European patent EP 3 057 321 PANEL/DIVISION Panel of the Local Division in Mannheim DECIDING JUDGES This order was issued by the legally qualified judge Johansson, acting as judge-rapporteur. LANGUAGE OF THE PROCEEDINGS English SUBJECT OF THE PROCEEDINGS Patent infringement action – Withdrawal and closure of proceedings FACTS AND GROUNDS 1. On 16 December 2025, Claimant submitted an application a) to withdraw the action against all Defendants, b) to confirm that Claimant must pay the court fees and that each party bears its own costs (i.e. no requests for cost compensation), and c) to order, in accordance with Rule 370 RoP, that 60 % of the Court fees be reimbursed to Claimant. 2. The Defendants have given their consent to the motion to withdraw the action as well as to the Claimant’s motion regarding the costs. 3. Earlier today, the Court issued a final order on a request for confidentiality in this case. 4. The decision follows the parties’ jointly expressed will. No cost decision is required in this case due to the parties’ declarations. The order to reimburse the Claimant 60 % of the court fees is based on R. 370.11 and R. 370.9(b)(i) RoP in the version prior to 1 January 2026; the action has been settled before the closure of the written procedure. DECISION The Court I. permits the withdrawal of the action and declares the proceedings closed; II. orders that this decision be entered on the Register; III. declares that there is no need for a cost decision since all parties, who incurred costs, agree to bear their own costs; 3 IV. sets the value in dispute for the action at EUR 2.500.000; V. orders that 60% of the Court fees (=EUR 18.600) be reimbursed to Claimant. Issued in Mannheim on 19 March 2026 NAME AND SIGNATURE Johansson Judge-rapporteur
Key Holdings
- In cases of withdrawal due to settlement, the court may order a 60% reimbursement of court fees.
- The involvement of a foreign judge as Judge-Rapporteur contributes to the internationalization and effective division of work within a local division.
- The applicability of court fee reimbursement rules for withdrawals may depend on the action's start date, even if the withdrawal occurs after new rules come into effect.
Tags
- Settlement
- Withdrawal
- Costs
- Court Fees
- Procedural