UPC_CFI_86/2025 – InterDigital v Walt Disney
- Court
- Local Division Mannheim
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Penalty sums / withdrawal Facts 1. InterDigital requested the Court to impose penalty sums concerning EP 2 465 265. 2. InterDigital thereafter requested the withdrawal of this request. 3. Disney did not respond. The JR The JR grants the request, stating that, if R. 265 RoP applies by analogy, withdrawal is permitted as no interest of the defendants seems to preclude it. Comment Note that the interests of the Court are at stake (assuming that the defendants did indeed fail to comply with the terms of an order of the Court). In the first place, because a court may expect that its orders are respected and, in the second place, a court has a financial interest in collecting fines. The Court apparently does not see reasons to continue on its own motion. There is, of course, no such reason if InterDigital states in its application that it has come to the conclusion that Disney has complied with the order. But what about a situation where a claimant alleges the forfeiture of at least EUR 500,000 in penalty sums, and the parties agree that the claimant will withdraw its claim if it is paid EUR 200,000?
Full Decision Text
Mannheim Local Division UPC CFI 86/2025 Decision of the Court of First Instance of the Unified Patent Court issued on 18 August 2026 concerning EP 2 465 265 (withdrawal, R. 354.4 RoP) **CLAIMANT/APPLICANT:** InterDigital VC Holdings, Inc., 200 Bellevue Parkway, Suite 300, Wilmington - 19809 - Delaware - US represented by: Lisa Rieth **DEFENDANTS/RESPONDENTS:** 1) The Walt Disney Company, 500 S Buena Vista Street - CA 91521 - Burbank - US 2) The Walt Disney Company (Benelux) B.V., Asterweg 15S - 1031 HL - Amsterdam - NL 3) Disney Interactive, 500 S Buena Vista Street - CA 91521 - Burbank - US 4) Disney Electronic Content, Inc., 500 S Buena Vista Street - CA 91521 - Burbank - US 5) Disney Platform Distribution, Inc., 500 S Buena Vista Street - CA 91521 - Burbank - US 6) The Walt Disney Company Limited, Queen Caroline Street, Hammersmith - W6 9PE - London - GB 7) Disney Enterprises, Inc., 500 S Buena Vista Street - CA 91521 - Burbank - US 8) Disney Streaming Services LLC, 500 S Buena Vista Street - CA 91521 - Burbank - US 9) Disney Media & Entertainment Distribution LLC, 500 S Buena Vista Street - CA 91521 - Burbank - US 10) Disney Entertainment & Sports LLC, 500 S Buena Vista Street - CA 91521 - Burbank - US 11) BAMTech LLC, 211 Avenue of the Americas - NY 10036 - New York - US Defendants represented by: Dietrich Burkhard Kamlah PATENT AT ISSUE: EP 2 465 265 PANEL/DIVISION: Panel of the Local Division in Mannheim DECIDING JUDGES: This decision was issued by the legally qualified judge Sender acting as judge-rapporteur. LANGUAGE OF THE PROCEEDINGS: English SUBJECT OF THE PROCEEDINGS: Patent infringement action – enforcement proceedings, withdrawal. **BRIEF SUMMARY OF THE FACTS:** Claimant withdrew its request, dated 23 July 2026, for the imposition of penalty payments on Defendants by brief of 6 August 2026. Defendants did not submit a comment on the requested withdrawal. **REASONS FOR THE DECISION** If R. 265 RoP is to be applied, by way of analogy, to a withdrawal of a request for the imposition of penalty payments according to R. 354.4 RoP, the withdrawal at hand is hereby permitted. Defendants have raised no objections. Further, no interests on the part of Defendants are apparent that would preclude a withdrawal in favour of a decision on the merits of Claimant's penalty request. Consequently, and in the absence of any indications to the contrary, Claimant shall bear the costs of the enforcement proceedings. **DECISION:** 1. The withdrawal of the request, dated 23 July 2026, for the imposition of penalty payments on Defendants is permitted. 2. The enforcement proceedings are declared closed. 3. This decision shall be entered on the register. 4. Claimant shall bear the costs of the enforcement proceedings. Issued in Mannheim on 18 August 2026 NAME AND SIGNATURE Sender Judge-rapporteur
Key Holdings
- Withdrawal of a request for penalty sums is permitted if no defendant interest precludes it, potentially by analogy to R. 265 RoP.
- The Court's own interests (respect for orders, collection of fines) should be considered in withdrawal requests, especially if non-compliance is alleged.
- The Court may not continue on its own motion even if significant penalty sums are at stake, raising questions about settlements involving reduced payments.
Tags
- Penalty sums
- withdrawal