Telefonaktiebolaget LM Ericsson v Verifone (CFI, UPC_CFI_1795/2026, 14 September 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The Mannheim Local Division allows Telefonaktiebolaget LM Ericsson (publ) to withdraw its infringement action against Verifone GmbH, Adyen N.V. and other Verifone companies on EP 3 397 009 following a settlement, and declares the proceedings closed. The interest of the decision lies in the reimbursement of court fees: the judge-rapporteur lowers the regular rate from 50% to 40% because of the complexity of the proceedings. Early withdrawal therefore does not guarantee the standard rate.

Question

Does a withdrawal before the closure of the written procedure entitle the claimant to the regular rate of court fee reimbursement where the proceedings were particularly complex?

Decision

The withdrawal is allowed with the defendants’ consent, and no cost decision is required since the parties unanimously declared that none was needed (paragraph 1). The rate is set at 40% under Rule 370.9(e) RoP, in view of the intertwined structure of the requests, the coordination between The Hague and Mannheim divisions, a complex confidentiality regime, a partly decided preliminary objection and the separation of three patents from the original proceedings (paragraph 2). The value in dispute is set at EUR 3,000,000, the undisputed amount per patent given in the statement of claim (paragraph 3). The Registrar is to reimburse EUR 16,440 (paragraph 4).

Key points for practice

• The regular 50% rate for a withdrawal before the closure of the written procedure may be reduced where exceptional circumstances in the conduct of the proceedings justify it (paragraph 2).
• In a case created by separation, the value in dispute follows the amount stated per patent, the value of the FRAND-specific claims being accounted for only in the original proceedings, UPC_CFI_661/2026 (paragraph 3).

Provisions applied

Rules of Procedure

Rules 150, 265, 370.9 and 370.11

Case law cited

Court of Appeal, 28 May 2025, UPC_CoA_808/2024, on the absence of a cost decision where the parties unanimously declare that none is needed.

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.