Oerlikon Textile v Himson Engineering (UPC_CFI_240/2023)

• Oerlikon was granted an ex parte order for the preservation of evidence under Article 60 UPCA and Rule 192 RoP in the Milan LD in 2023. It subsequently filed an infringement action against Himson, which filed a revocation counterclaim.
• The parties reached a settlement agreement and therefore requested that the entire litigation be terminated. On 22 July 2025, both partes filed a notice of abandonment of the action and the simultaneous acceptance of the opposing waiver under Rule 265 RoP (withdrawal of an action). The parties settled costs between them and did not request a costs order from the court.
• The Milan LD reminded the parties that according to the Court of Appeal, provided that there is no final decision in an action, a claimant may apply to withdraw its action pursuant to Rule 265.1 RoP.
• The court had no objections to the action being withdrawn and declared the proceedings closed with costs fully offset. However, it noted that the court fees would not be reimbursed as the waivers were filed after an oral hearing.

This analysis is based on a machine translation of a decision not available in English.