UPC_CFI_850/2026 – Shenzhen v Ericsson
- Court
- Local Division Lisbon
- Date
- Outcome
- Withdrawn
- Sector
- Electronics/SEP
- Decision Type
- PROCEDURAL
Expert Commentary
Withdrawal Facts 1. On 6 March 2026, the claimant filed an infringement action based on EP 4 123 910. 2. Before the filing of the Statement of defence, the claimant filed an application to withdraw. 3. On 10 July 2026 defendants agreed. The Court 1. The Court granted the request. 2. The parties agreed to bear their own costs. 3. The Court decides that 50% of the court fee is reimbursed. 4. The security is released. Comment A case which never became a case! Why? We do not know!
Full Decision Text
Lisbon Local Division Decision issued on 14 July 2026 EUROPEAN PATENT NO EP4123910 **CLAIMANT:** Shenzhen Transsion Holdings Co. Ltd. Unit 1, Floor 24, Chuanyin Building, No.8, Xianyuan Road, Xili Sub-district, Nanshan District, 518000, Shenzhen City, People's Republic of China **DEFENDANTS:** Telefonaktiebolaget LM Ericsson (Publ) Torshamnsgatan 21, Kista, 164 83 Stockholm, Sweden Ericsson Holding International B.V. Stationslaan 222, Platform C, 3rd floor, 4815 GW Breda, the Netherlands Ericsson Telecommunicatie B.V. Stationslaan 222, 4815 GW Breda, the Netherlands Ericsson Telecomunicações, Lda. Lagoas Park, Edifício 4, Piso 0, 2740-267 Porto Salvo, Portugal represented by Mr. Andreas Kramer Mr. Alex Wilson Mr. Ari Laakkonen represented by Mr. Wim Maas **PATENT AT ISSUE:** EUROPEAN PATENT NO EP4123910 **PANEL:** Presiding judge and Judge-rapporteur: Rute Lopes Legally qualified judge: Andras Kupecz Legally qualified judge: François Thomas **LANGUAGE OF THE PROCEEDINGS:** English **SUBJECT:** R. 265.1 RoP – Application for leave to withdraw the action **SUMMARY OF THE FACTS:** 1. On 6 March 2026, the Claimant filed a patent infringement action against the Defendants. 2. Before the filing of the Statement of Defence, the Claimant withdrew its infringement action by brief dated 9 July 2026, further requesting: o the reimbursement of 50% of the court fees paid; o that the parties bear their own costs; and o the release of the EUR 100 000 paid as security for costs deposited pursuant to the Order of the Court of 26 May 2026. 3. On 10 July 2026, the Defendants expressed their agreement. **GROUNDS FOR THE ORDER** Withdrawal 4. Pursuant to R. 265.1 RoP, as long as there is no final decision in an action, a claimant may apply to withdraw its action. The request is decided after the other party has been heard. The other party concurred with the request. 5. Parties agreed that each party shall bear its own costs. 6. In that regard, the withdrawal request is granted, and parties will bear their own costs. Reimbursement of Fee 7. According to R. 370.9(b) RoP, the fixed and value-based fees may be reimbursed by 50 % if an action is withdrawn before the closure of the written procedure. R. 370.11 RoP states that the Court shall deal with applications for a reimbursement of Court fees without delay, provided it is satisfied that the reimbursement is appropriate. 8. Taking into consideration that the withdrawal was at an early stage of the written proceedings, the Court finds that the requested reimbursement of 50% is appropriate. Security 9. The Claimant requested the release of the security for costs pursuant to Rule 352.2 RoP. 10. The Court agrees with the Claimant that with the withdrawal of the infringement action and closing of proceedings, it is unnecessary to further hold the security for costs. **ORDER** 1. The withdrawal of the infringement action is allowed. 2. These proceedings are declared closed. 3. This decision shall be entered in the register. 4. Each party shall bear its own costs. 5. The value in dispute is set at EUR 1 500 000. 6. The security of EUR 100 000 is released and is to be reimbursed to the Claimant to the bank account provided in the request. Rute Lopes, Presiding judge and Judge-rapporteur András Kupecz, Legally qualified judge François Thomas, Legally qualified judge Registry Clerck
Key Holdings
- The Court can grant an application for withdrawal of an infringement action.
- Parties may agree to bear their own costs upon withdrawal.
- A portion of the court fee (e.g., 50%) may be reimbursed following withdrawal.
- Any security provided can be released after the withdrawal is granted.
Tags
- Withdrawal
- Costs
- Court Fees
- Security for Costs