UPC CoA, 15 January 2025: Withdrawal of appeal by party agreement: no need for cost decision
02-02-2025 Print this page
Withdrawal of appeal by party agreement (R. 265 RoP).
The court of appeal has jurisdiction to decide on the admission of the applications to withdraw. Court of appeal has the authority, in the event of the admission of the withdrawal, to declare the proceedings terminated in accordance with R. 265.2(a) RoP and to make a decision on costs.
No need for cost decision as both parties waive a decision on costs and the application for a cost decision before the Hamburg Local Division has been withdrawn.
The withdrawal of the revocation counterclaim has the effect that the requests for amendment of the patent become irrelevant. Against this background, there was no need for a separate authorisation of the withdrawal of the requests for amendment of the patent.
IPPT20250115, UPC CoA, Avago v Tesla
