Telefonaktiebolaget LM Ericsson v Verifone (CFI, UPC_CFI_1796/2026, 14 September 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 14 September 2026, the judge-rapporteur of the Mannheim Local Division permitted Telefonaktiebolaget LM Ericsson to withdraw its infringement action on EP 2 506 479 (UPC_CFI_1796/2026) following a settlement with the Verifone companies which also covers the claims against Adyen. The proceedings, which arose from the separation ordered on 8 May 2026 in UPC_CFI_661/2026, are closed. The court fee refund was reduced from 50% to 40%, that is EUR 16,440.

Question

Should the standard refund rate for a withdrawal before the written procedure closes be reduced, and what value applies to separated proceedings?

Decision

The withdrawal was permitted and no costs decision was needed, since the parties unanimously waived one (paragraph 1). The judge found exceptional circumstances under Rule 370.9(e): intertwined requests requiring coordination between The Hague and Mannheim, a complex confidentiality regime that prompted a third-party inspection request, a preliminary objection decided only in part, and the separation of the case. A moderate reduction to 40% was chosen (paragraph 2). The value was set at EUR 3 million, the undisputed per-patent amount in the statement of claim, the FRAND-specific claims being valued only in the original proceedings (paragraph 3).

Key points for practice

• After separation, each action takes the per-patent value stated in the claim, while the value of the FRAND claims stays with the proceedings to which they were allocated (paragraph 3).

Provisions applied

Rules of Procedure

Rules 265.1, 370.9 and 370.11

Case law cited

Court of Appeal, 28 May 2025, UPC_CoA_808/2024

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.