UPC CoA 520/2024 – Hand Held Products, Inc v Scandit AG

Court
Court of Appeal
Date
Outcome
Application for withdrawal of interim measures allowed; proceedings terminated.
Sector
Other
Decision Type
Order on Request for Withdrawal of Application for Interim Measures

Expert Commentary

Full Decision Text

1 Order of the Court of Appeal of the Unified Patent Court concerning a request for withdrawal under R. 265.1 RoP issued on 31 March 2025 RESPONDENT AND APPELLANT Scandit AG, Hardtturmstrasse 181, 8005 Zurich, Switzerland (hereinafter referred to as "Scandit"), represented by Dr Johannes Bukow and Tonio Allendorf, attorneys-at-law, Quinn Emanuel Urquhart & Sullivan, LLP, APPLICANT AND APPELLANT Hand Held Products, Inc, 855 S Mint Street, Charlotte, NC 28202, USA (hereinafter referred to as "Hand Held Products"), represented by Dr Tobias Wuttke, lawyer, Bardehle Pagenberg, Partnerschaft mbB Patentanwälte Rechtsanwälte, PATENT IN EP 3 866 051 PANELS AND DECIDING JUDGES This decision was issued by PANEL 1a with the participation of Klaus Grabinski, President of the Court of Appeal, Peter Blok, legally qualified judge, Emmanuel Gougé, judge-rapporteur and legally qualified judge, Klaus Loibner, technically qualified judge, Christoph Schober, technically qualified judge LANGUAGE OF THE PROCEEDINGS German Action number: UPC CoA 520/2024 APL 51079/2024 App 12551/20252025-03-31 CoA Luxembourg UPC CoA 520-2024 App 12551-2025 ORD 13574-2025 en-GBDeepL machine translation provided by www.veron.com 2 ORDER CONTESTED BY THE COURT OF FIRST INSTANCE Order of the Munich local division dated 27 August 2024 Action number: UPC CFI 74/2024 ACT 9216/2024 ORD 46277/2024 BRIEF PRESENTATION OF THE FACTS 1. By order dated 27 August 2024, the Court of First Instance, Munich Local Division, issued a preliminary injunction against Scandit for contributory infringement of claims 1 and 10 of the patent in suit. The local division rejected Hand Held Products' further application for an order for interim measures as well as the reciprocal applications for costs by both parties. 2. Scandit filed an appeal against the Order in a document dated 11 September 2024, stating its reasons. 3. Hand Held Products replied to this in a document dated 2 October 2024. 4. The hearing took place on 9 January 2025. 5. By document dated 13 March 2025, Hand Held Products requested, pursuant to Rule 265.1 RoP, that the withdrawal of the application for interim measures be allowed and that the proceedings be declared terminated (App 12551/2025 UPC CoA 520/2024). Hand Held Products has not applied for a decision on costs. 6. Scandit has agreed to the withdrawal of the application for provisional measures. Scandit has also not filed an application for costs. REASONS FOR THE ORDER 7. Pursuant to Rule 265.1 RoP, a plaintiff may request the withdrawal of his or her action as long as no final decision has been made on an action. The application for withdrawal is not permitted if the other party has a legitimate interest in the court deciding on the action. 8. The Court of Appeal has jurisdiction to decide whether to allow the application for withdrawal because the action is pending before the Court of Appeal. 9. The Court of Appeal therefore allows the withdrawal of the application for provisional measures at the request of Hand Held Products and with the consent of Scandit.2025-03-31 CoA Luxembourg UPC CoA 520-2024 App 12551-2025 ORD 13574-2025 en-GBDeepL machine translation provided by www.veron.com 3 10. As neither party filed an application to this effect, there is no need for a decision on costs. ORDER The Court of Appeal 1. allows the application for interim measures to be withdrawn, 2. Declares the proceedings APL 51079/2024 UPC CoA 520/2024 terminated and 3. Orders that the Order be entered in the register. This Order was issued on 31 March 2025. KLAUS STEFAN MARTIN Grabinski Digitally signed by KLAUS STEFAN MARTIN Grabinski Date: 2025.03.31 17:03:19 +02'00' Klaus Grabinski, President of the Court of Appeal Peter Blok, legally qualified judge EMMANUEL, LUCIEN, RENÉ GOUGÉ Signed numériquement par EMMANUEL, LUCIEN, RENÉ GOUGÉ Date : 2025.03.31 17:07:22 +02'00' Emmanuel Gougé, judge-rapporteur and legally qualified judge Klaus Loibner, technically qualified judge Christoph Schober, technically qualified judge2025-03-31 CoA Luxembourg UPC CoA 520-2024 App 12551-2025 ORD 13574-2025 en-GBDeepL machine translation provided by www.veron.com

Key Holdings

  • A plaintiff may request the withdrawal of their action as long as no final decision has been made, provided the other party has no legitimate interest in the court deciding on the action (R. 265.1 RoP).
  • The Court of Appeal has jurisdiction to decide on a request for withdrawal when the action is pending before it.
  • The Court allowed the withdrawal of the application for provisional measures at the request of the applicant and with the consent of the respondent.
  • No decision on costs was necessary as neither party filed an application for costs.

Tags

  • Court of Appeal
  • Infringement
  • Interim Measures
  • Preliminary Injunction
  • Rules of Procedure
  • Unified Patent Court
  • Withdrawal

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