Headwater v Samsung Electronics (UPC_CFI_26/2024)
Decision date:
26 September 2025
Osborne Clarke summary
- Headwater brought an infringement action against Samsung in the Düsseldorf LD. Samsung filed a counterclaim for revocation. On 30 July 2025, the court dismissed the infringement action and revoked the patent in suit (to the extent of claim 1). Before the time period for appeal expired, Headwater withdrew its infringement action and requested that the parties bear their own costs. Samsung agreed to the withdrawal and Headwater's requested costs decision.
- Following the Court of Appeal's jurisprudence, the Düsseldorf LD held that an application to withdraw an infringement decision is admissible where there is no final decision in the action where there is a pending appeal. The same applies where the time period for appealing a decision of the Court of First Instance has not yet expired.
- Given the parties' agreement, the court permitted the withdrawal. Under Rule 265.2(2) RoP, and as per Headwater's request, the parties were ordered to bear their own costs relating to the infringement action.
Issue
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