Telefonaktiebolaget LM Ericsson v AsusTek Computer (CFI, 4 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 4 April 2025 (UPC_CFI_757/2024), the Lisbon Local Division (Judges Lopes, presiding and rapporteur, Granata and Rinkinen) allowed Telefonaktiebolaget LM Ericsson to withdraw its action for infringement and damages (EP 2 819 131) against Digital River Ireland, which an Irish court ordered to be wound up on 24 February 2025, while the action continues against AsusTek Computer. Each party bears its own costs of the withdrawal proceedings. Ericsson must file an amended statement of claim within ten days and AsusTek its statement of defence within two months.

Question

Who bears the costs of a partial withdrawal prompted by the winding-up of a co-defendant, and how long does the remaining defendant have to file its defence?

Decision

Withdrawal against one defendant only, to which the parties consented, was allowed under Rules 265 and 311.3 RoP without prejudice to the action against the other (paragraphs 8 to 11). As the withdrawal resulted from circumstances beyond either party’s control, neither could be treated as unsuccessful and equity required each to bear its own costs. The request for EUR 3,800 under Rule 150.2 RoP was refused (paragraphs 15 and 16). Ericsson must remove Digital River from its pleadings (paragraphs 18 and 19). The stay application having become moot, the panel extended AsusTek’s time for its defence (Rules 9.3(a) and 23 RoP), since AsusTek could reasonably expect a stay until the decision on the withdrawal (paragraphs 21 to 26).

Key points for practice

• Practical point: the winding-up of a co-defendant allows a partial withdrawal with no costs order either way and may justify more time for the remaining defendant’s defence.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1)

Rules of Procedure

Rules 9.3(a), 23, 150.2, 265 and 311.3

Case law cited

Paris Central Division, 10 November 2023 (UPC_CFI_255/2023), Munich Local Division, 9 April 2024 (UPC_CFI_502/2023)

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.