Hewlett-Packard Development Company v LAMA France (CoA, 24 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 24 July 2025 (UPC_CoA_24/2025 and UPC_CoA_23/2025), the Court of Appeal (Presiding Judge Grabinski, Judge Gougé as judge-rapporteur, and Judge Germano) granted the reciprocal withdrawals of Hewlett-Packard Development Company and LAMA France, which had each appealed the Paris Local Division’s decision of 13 November 2024 (revocation of EP 2 089 230, infringement of EP 1 737 669). Its interest lies in one point: the proceedings being closed, the decision on the merits and the costs order of 10 January 2025 have no effect, and there is no need to set them aside.

Question

Where both appellants withdraw following a settlement, must the Court of Appeal set aside the first-instance decision, as the parties requested?

Decision

No. As no final decision had been given, the withdrawals are admissible (paragraphs 10 and 11), the mutual consents exclude any legitimate interest in a decision, and the proceedings are closed (paragraph 12). The decision on the merits and the order therefore have no effect, so there is no need to set them aside (paragraph 13). No costs decision is made, at the parties’ request (paragraph 14). As the written procedure had not closed, each party obtains reimbursement of 60% of its appeal court fees (paragraphs 15 and 16).

Key points for practice

• Practical point: on appeal, reciprocal withdrawal deprives the first-instance decision of effect, settling parties need not obtain its reversal, and should withdraw before the written procedure closes to secure the 60% refund.

Provisions applied

Rules of Procedure

Rules 265 and 370.9(b)(i)

Case law cited

Avago v Tesla, Court of Appeal, 15 January 2025 (UPC_CoA_637/2024, 638/2024 and 639/2024, UPC_CoA_629/2024, 631/2024 and 632/2024)

Related decisions

• Hewlett-Packard Development v LAMA France, 13 November 2024, Paris Local Division decision on the merits.

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.