Brita v AQUASHIELD EUROPE (CFI, 16 October 2025)

Date	16 October 2025
Court	CFI
Division	Munich (DE) Local Division
Type of action	Counterclaim for revocation
Case number(s)	UPC_CFI_564/2024
Registry reference	UPC_CFI_564/2024
Parties	Brita SE v. 1) AQUASHIELD EUROPE s.r.o, 2. AQUASHIELD DACH GmbH, 3. Gasmarine BV Srl, 4. MGR26 Société à responsabilité limitée

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 16 October 2025, the Munich Local Division allowed the defendants to withdraw their counterclaim for revocation of Brita’s patent EP 2 387 547 (UPC_CFI_564/2024, linked to infringement action UPC_CFI_248/2024), although the division had already ruled on the merits on 22 August 2025. The withdrawal renders that decision ineffective as regards the counterclaim, including costs. The order confirms that a party may still withdraw while the period for appeal is running, without having to lodge an appeal for that sole purpose.

Question

Under Rule 265.1, is the withdrawal of a counterclaim for revocation still admissible after the decision on the merits has been given but before the period for appeal has expired?

Decision

Yes. The decision of 22 August 2025 does not prevent withdrawal: the division extended to the period before the appeal deadline the Court of Appeal’s approach allowing withdrawal of a counterclaim while an appeal is pending, since there is no final decision, and followed the Düsseldorf Local Division (paragraph 6). Filed on 15 October 2025, before the appeal period expired on 22 October 2025, the request was admissible (paragraph 7), and Brita, which consented, claimed no legitimate interest in a decision (paragraph 8). The proceedings are closed and entered in the register (paragraph 9). The parties’ joint waiver of a costs decision means that each bears its own costs (paragraph 10), and the decision of 22 August 2025 ceases to have effect as regards the counterclaim, costs included (paragraph 11).

Key points for practice

After a first instance decision, withdrawal remains available until the appeal period expires and removes the part of the decision concerned, including the costs order.
A joint waiver of a costs decision leads the court to leave each party to bear its own costs.

Provisions applied

Rules of Procedure: Rule 265
Case law cited: Court of Appeal, 24 February 2025 (UPC_CoA_569/2024), Headwater Research v Samsung Electronics, Düsseldorf Local Division, 30 September 2025

Related decisions

Brita SE v AQUASHIELD DACH, 22 August 2025, decision on the merits of the infringement action and counterclaim.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.

Going further

Lexicon: Revocation action.

Publications by Matthieu Dhenne: G 1/25, Take Three: Anything You Leave in the Description May Be Used Against You (Kluwer Patent Blog).

Source and translations

Official source: Unified Patent Court registry link recorded in the record
Original language: not recorded
Translation available: no translation recorded the firm’s French record is a summary, not a translation
Date checked: not recorded

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

UPC_CFI_564/2024 official number

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Parties

claimantBrita SE8 decisions in the corpus Follow this party
defendant1) AQUASHIELD EUROPE s.r.oFollow this party
defendant2. AQUASHIELD DACH GmbHFollow this party
defendant3. Gasmarine BV SrlFollow this party
defendant4. MGR26 Société à responsabilité limitéeFollow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Counterclaim for revocation
Outcome (Dhenne Avocats summary): Le désistement de la demande reconventionnelle en nullité est admis avant l'expiration du délai d'appel. La décision du 22 août 2025 perd son effet pour cette demande, frais compris, chaque partie supportant ses frais.
Appeal: No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance: First-instance decision, whether it has become final is not recorded.

Patents mentioned

EP 2 387 547 mentioned in: Dhenne Avocats analysis Follow this patent

Related decisions cited in the analyses

Headwater Research v Samsung Electronics (CFI, 30 September 2025) cited in this record
Brita v AQUASHIELD DACH (CFI, 22 August 2025) cited in this record

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

Publication	Role in the dispute	Family	Standard and declaration	Pool	Sources
`EP 2 387 547`	Mentioned in the analysis (role not qualified) Also mentioned in 1 other decision(s): Brita v AQUASHIELD DACH (CFI, 22 August 2025)	not recorded	not recorded	not recorded	Espacenet links not checked mentioned in: Dhenne Avocats analysis

The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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