LIFE 365 v Hewlett-Packard Development (CoA, 21 August 2025)

Date	21 August 2025
Court	CoA
Division	Luxembourg (LU)
Type of action	Application Rop313
Registry reference	App_33358/2025 · ORD_35277/2025
Parties	LIFE 365 S.R.L., LIFE 365 ITALY S.P.A.

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.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 21 August 2025 (UPC_CoA_23/2025, App_33358/2025), the Court of Appeal (Judges Grabinski, presiding, Gougé, rapporteur, and Blok) allowed the withdrawal of the application to intervene lodged by LIFE 365 and LIFE 365 Italy in support of LAMA France in its appeal against Hewlett-Packard Development Company, and closed the proceedings on that application. The order is of interest for applying Rule 265 by analogy to the withdrawal of an application to intervene.

Question

Does Rule 265, which addresses withdrawal by a claimant, apply to the withdrawal of an application to intervene lodged when the main proceedings were about to close?

Decision

Yes, by analogy. Rule 265 refers to the claimant and Rule 313 to the intervener, but in the absence of a specific provision the former applies to the withdrawal of an application to intervene (paragraphs 10 and 11). Since the application to intervene was lodged on 22 July 2025, after LAMA and HPDC had applied to withdraw and two days before the appeal proceedings were closed on 24 July 2025, there was no other party to be heard within the meaning of Rule 265.1 (paragraph 12). The withdrawal was allowed and, LIFE 365 not having sought costs, no costs decision was required under Rule 265.2(c) (paragraph 13).

Key points for practice

Withdrawal of an application to intervene is governed by Rule 265 by analogy, including the assessment of the other party’s legitimate interest.
An intervention lodged while the main parties are withdrawing has little prospect: closure of the proceedings leaves it without purpose.

Provisions applied

Rules of Procedure: Rules 265 and 313
Case law cited: Hewlett-Packard Development v LAMA France, Paris Local Division, 13 November 2024 (decision on the merits), Hewlett-Packard Development, Court of Appeal, 24 July 2025 (closure of the appeal proceedings)

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: UPC Court of Appeal.

Dhenne Avocats blog: UPC Appeals: What the Numbers Show.

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.

Follow this case

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

Proceedings

No case number recorded in this record.

Parties

claimantLIFE 365 S.R.L3 decisions in the corpus Follow this party
claimantLIFE 365 ITALY S.P.AFollow 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: Application Rop313
Outcome (Dhenne Avocats summary): Le retrait de la demande d'intervention de LIFE 365 est accordé par application analogique de la règle 265, la procédure correspondante est close et il n'y a pas lieu de statuer sur les frais.
Appeal: Decision of the Court of Appeal.
Instance: Court of Appeal decision.

Related decisions cited in the analyses

Hewlett-Packard Development Company v LAMA France (CoA, 24 July 2025) cited in this record
HEWLETT-PACKARD DEVELOPMENT v LAMA FRANCE (CFI, 13 November 2024) 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.

Receive an alert

Weekly summary of new records and substantive updates matching what you follow. Address confirmed by email, unsubscribe at any time, one email per week even where several of your follows match.