Eyesmatch v Microsoft (UPC_CFI_486/2025)
Decision date:
12 September 2025
Osborne Clarke summary
- Eyesmatch withdrew its infringement action against Microsoft prior to the closure of the written procedure and requested reimbursement of 60% of the court fees.
- Microsoft agreed to the withdrawal and confirmed that they would not request any reimbursement of costs, meaning that there was no need for a costs decision.
- The Düsseldorf LD confirmed that no cost decision is required under Rule 265.2(c) RoP where both parties have declared that a cost decision is not requested.
- The court made the order to reimburse Eyesmatch 60% of the court fees and confirmed that no costs decision was required.
Issue
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