Nera Innovations Ltd v. Xiaomi Communications Co., Ltd and others, UPC Court of Appeal, 3 August 2026, Case nos. UPC_CoA_692/2025 and UPC_CoA_854/2025
A brief decision confirming the mechanics of withdrawing an appeal.
The Hamburg Local Division had dismissed Nera’s infringement action and revoked EP 2 642 632 to the extent that its subject matter went beyond the main claim as amended in accordance with auxiliary requests. Nera appealed the infringement decision and Xiaomi the decision on the revocation counterclaim. Having settled out of court, both sides applied to withdraw their appeals and each consented to the other’s withdrawal.
The Court of Appeal reiterated that R. 265 RoP, which allows a claimant to apply to withdraw its action before a final decision, applies equally to the withdrawal of an appeal (following Black Sheep/HL Display, UPC_CoA_895/2025 and 896/2025, 6 March 2026).
Withdrawal was allowed on the application of each appellant with the consent of the respective respondent, no countervailing interests being apparent.
Although R. 265.2(c) RoP provides for a decision on costs, none was required here because both parties had agreed that they would make no costs applications.
A copy of the Decision (in German) can be found here.
