Telefonaktiebolaget LM Ericsson (Publ) and others v. Shenzhen Transsion Holdings Co. Ltd., UPC Court of Appeal, 11 August 2026, case no. UPC-CoA-91/2026
In the context of broader FRAND proceedings between Ericsson and Shenzhen Transsion Holdings, the latter had initiated infringement proceedings before the LD Lisbon. Ericsson had applied pursuant to RoP R.360 and 361 for those proceedings to be dismissed, on the basis that they were devoid of purpose or bound to fail, given that the FRAND proceedings already pending before the LD The Hague would ultimately result in a licence covering the patent in suit. The LD Lisbon rejected that application and Ericsson had appealed. Now Ericsson applied to withdraw the appeal on the basis that the parties had reached an out-of-court settlement, including agreement that each side should bear their own costs. Shenzhen Transsion Holdings did not submit any observations.
The CoA noted that RoP R.265.1 permitted a claimant to withdraw its action provided no final decision had been given and provided the other party did not have a legitimate interest in the action being decided by the Court. This applied equally to the withdrawal of an appeal (Court of Appeal, 5 July 2024, UPC_CoA_234/2024, 10x v Curio). No final decision had been rendered in the current proceedings and there was no indication that the respondent had a legitimate interest in obtaining a decision on the merits of the appeal. The CoA accordingly held that the requirements of R.265.1 were satisfied, permitted the appeal to be withdrawn and, as there had been no objection by the respondents, made no order as to costs.
A copy of the decision can be found here.
