UPC APP 32598/2025

—·EP3918974: COMPUTERIZED REFRACTION AND ASTIGMATISM DETERMINATION

Case details: Status
—
Action
Procedural application
Category
Withdrawal Applications
Parties: Claimants
Visibly Inc.
Reps: Marc Grunwald (Peterreins Schley)
Respondents
Easee B.V.
Easee Holding B.V.
Reps: Wim Maas (Taylor Wessing N.V., Eindhoven)
Division: Court of Appeal
Judges: Rian Kalden · Presiding Judge
Patricia Rombach · Legally Qualified Judge and Rapporteur
Ingeborg Simonsson · Legally Qualified Judge
Technology: Pharmaceutical & Medical
Language: —
First decided: Jul 23, 2025

Decisions

2025-07-23
SettledApplication Rop 265
Court of Appeal (Panel 2) permitted Visibly Inc.'s withdrawal of its appeal against a Hamburg Local Division security-for-costs order in infringement proceedings concerning EP 3 918 974, following an out-of-court settlement between the parties. Easee companies had become insolvent and their CFI proceedings had been stayed. The Court of Appeal declared the appeal proceedings closed, confirmed no cost decision was needed (both parties waived costs), and ordered 60% reimbursement of appeal fees to Visibly (written proceedings not yet concluded).
Legal issues:Withdrawal of appeal following out-of-court settlement (R. 265.1 RoP by analogy)Stay of proceedings due to defendant insolvency (R. 295m RoP)Reimbursement of appeal court fees (R. 370.9(b)(i) RoP)

Documents