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Overview · Filed: Mar 14, 2025

UPC_CFI_226/2025

FORWARD FLOW, HIGH ACCES CONSUMABLES FOR A PLASMA ARC CUTTING TORCH

InfringementMain Infringement ActionMilan LDInfringementCase ClosedSettled at: Pre-merits
OverviewDecisionsReasoningCitationsDocumentsTimeline
Plain-English summary

Hypertherm Inc.'s infringement action against Tec.Mo. s.r.l. concerning EP 2 613 905 (plasma arc cutting torch consumables) before the Milan Local Division was closed following an out-of-court settlement under R. 360 RoP. The Court ordered reimbursement of 60% of court fees to Hypertherm as the settlement was reached before the close of the written procedure, in accordance with R. 370.9(c)(i) RoP.

Accepted arguments
What the court agreed with — by party.

  • Settlement reached between parties constitutes cessation of subject matter; proceedings to be closed under R. 360 RoP with costs as agreed

    ClaimantLegal basis: R. 360 RoP; R. 363 RoP

    Note: Milan Local Division accepted joint request to close proceedings as parties had no further interest in a judicial ruling on the merits.

  • 60% reimbursement of court fees applicable where settlement concluded before close of written procedure

    ClaimantLegal basis: R. 370.9(c)(i) RoP

    Note: Court ordered reimbursement of EUR 6,600 (60% of EUR 11,000 court fees) to Hypertherm as the settlement was reached before the written procedure closed.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.

Key legal principles
Doctrines and rules cited in the reasoning.
closure of proceedings by settlement under R. 360 RoP60% court fee reimbursement on settlement before close of written procedure (R. 370.9(c)(i))settlement encompasses costs: no separate court costs order where parties have agreed

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