UPC CoA 629/2024
Oct 28, 2024·EP1612910: On-board power supply monitor and power control system
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- ClaimantsReps: Florian Oliver Gunther Schmidt-Bogatzky
- Division
- Court of Appeal
- Technology
- Power Generation
- Language
- German
- First decided
- Jan 15, 2025
- 2025-01-15WithdrawnApplication Rop 265
Decision of the Court of Appeal (Panel 1) permitting withdrawal of Avago's appeal and counterclaim for revocation against a Hamburg Local Division decision in which the infringement action had been dismissed and the patent partially revoked. The Court of Appeal granted leave for withdrawal under Rule 265 RoP in appeal proceedings, holding that withdrawal is possible until the final decision becomes legally binding. As a consequence of the withdrawal of the revocation counterclaim, the pending requests to amend the patent became moot. The court also addressed reimbursement of court fees following the withdrawal.
Legal issues:Withdrawal of appeal under Rule 265 RoP in appellate proceedingsEffect of withdrawal of revocation counterclaim on pending patent amendment requestsReimbursement of court fees after withdrawal - 2025-01-15WithdrawnGeneric application
The Court of Appeal allowed Avago's withdrawal of its infringement appeal and Tesla's withdrawal of the counterclaims for revocation following a settlement, ordered 60% reimbursement of court fees, and declared all three appeal proceedings closed.
Legal issues:Withdrawal of appeal (Rule 265 RoP)Withdrawal of counterclaim for revocationCourt fee reimbursement (Rule 370.9 RoP)
| Document title | Date | Public |
|---|---|---|
| Case Closure Formal Check | 2025-09-17 | Not public |
| Outcome of the Order | 2025-03-05 | Not public |
| Outcome of the Order | 2025-01-15 | Not public |
| Decision | 2025-01-15 | Public |
| Decision | 2025-01-15 | Public |
| Receipt | 2024-12-30 | Not public |
| 20241230_638614.2024_58696.2024_66724.2024_Avago vs Tesla EP 910_EIP_Antrag.pdf | 2024-12-30 | Not public |
| Anlage QE 03 | 2024-12-20 | Not public |
| Anlage QE 02 | 2024-12-20 | Not public |
| Anlage QE 01 | 2024-12-20 | Not public |
| Stellungnahme und Ruecknahme NWK | 2024-12-20 | Not public |
| Anlage QE 02 | 2024-12-20 | Not public |
| Stellungnahme und Ruecknahme NWK | 2024-12-20 | Not public |
| Anlage QE 03 | 2024-12-20 | Not public |
| Anlage QE 01 | 2024-12-20 | Not public |
| Procedural Order | 2024-12-18 | Not public |
| Template-Order | 2024-12-18 | Not public |
| Procedural Order | 2024-12-18 | Not public |
| Receipt | 2024-12-18 | Not public |
| 241217_66724_2024_EIP_Antrag | 2024-12-17 | Not public |
| Panel-Appointment | 2024-11-27 | Not public |
| Receipt | 2024-11-27 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-11-27 | Not public |
| Acknowledgement-of-lodging | 2024-10-28 | Not public |
| 241028_EIP_Proof of payment | 2024-10-28 | Not public |
| 20241028_58696.2024_Berufung | 2024-10-28 | Not public |