Local Division Munich
UPC_CFI_513/2023
ACT_597691/2023

Decision
of the Court of First Instance of the Unified Patent Court
Local Division Munich
issued on 13 August 2024

HEADNOTES
R. 265 RoP also applies if the action is not withdrawn in its entirety, but only in relation to
some of several defendants (partial subjective withdrawal of action).

KEYWORDS
Withdrawal of action

CLAIMANT
Network System Technologies LLC, legally represented by its Chief Executive Officer (CEO)
Warren Hurwitz,533 Congress Street, Portland, ME 04101, United States of America,
represented by: Dr. Thomas Gniadek, Simmons & Simmons LLP,
Thierschplatz 6, 80538 Munich,

DEFENDANTS
1. Texas Instruments Incorporated, represented by its Chairman of the Board and Chief
Executive Officer (CEO) Haviv Ilan, 12500 TI Blvd., Dallas, Texas 75243, United States of
America,
2. Texas Instruments Deutschland GmbH, represented by its Chief Executive Officer (CEO)
Andreas Schwaiger, Haggertystraße 1, 85356 Freising, Germany,
3. Volkswagen AG, represented by its Chief Executive Officer (CEO) Oliver Blume, Berliner
Ring 2, 38440 Wolfsburg, Germany,
4. AUDI AG, represented by its Chief Executive Officer (CEO) Gernot Döllner, Auto-Union-
Straße 1, 85057 Ingolstadt, Germany,
Defendants 1) and 2) represented by: Klaus Haft, HOYNG ROKH MONEGIER,
Steinstraße 20, 40212 Düsseldorf,
Defendants 3) and 4) represented by: Dr. Jan Bösing, Bardehle Pagenberg Partnerschaft
mbB, Prinzregentenplatz 7, 81075 Munich

PATENT AT ISSUE
European patent n° EP 1 552 669

PANEL/DIVISION
Panel 2 of the Local Division Munich

DECIDING JUDGE/S
This order has been issued by the presiding judge Ulrike Voß, the legally qualified judge
Daniel Voß and the legally qualified judge Pierluigi Perrotti

SUMMARY OF FACTS
The Claimant is suing the Defendants for patent infringement.
By letter dated 1 July 2024, the Claimant declared to withdraw the action with regard to
Defendants 1) and 2) pursuant to Rule 265 RoP. By way of background, the Claimant
submitted that the parties had reached a settlement and had also agreed on the costs of
proceedings.
The Claimant requests
to withdraw the statement of claim in regard to Defendant 1) and Defendant 2)
and
that Attorneys’ fees, costs of court and expenses are borne by the party
incurring the same.
Defendants 1) and 2) each declared their consent to the withdrawal of the action and a
decision on costs as requested by Claimant. They did not consent to further annotations in
Claimant’s request that the present withdrawal concerns exclusively Defendants 1) and 2) and
the Statement of Claim relating to Defendants 3) and 4) was not affected because all claims
against Defendants 3) and 4) were based exclusively on the use of ICs made and sold by
Defendants 1) and 2).

GROUNDS FOR THE DECISION
The Decision is based on R. 265.1 and .2 RoP.
Pursuant to R. 265.1 RoP, the Claimant may apply to withdraw his action as long as a final
Decision on the action has not yet been issued. R. 265.1 RoP also applies if the action is not
withdrawn in its entirety, but only in relation to some of several defendants.
The withdrawal of the action is permitted because the Defendants 1) and 2) have declared
their consent. There are no other reasons to continue the proceedings with regard to
Defendant 1) and 2). As far as the Defendants 1) and 2) do not agree with the Claimant’s
further annotations, this is not relevant for the withdrawal of the action. The legal arguments
of the Defendants 1) and 2) relate at most to the proceedings of the other Defendants and do
not indicate a legitimate interest of the Defendants 1) and 2) in continuing their own
proceedings.
The decision about costs follows the agreement of the Parties involved.

DECISION
1. The withdrawal of Claimant’s action with regard to Defendant 1) and 2) is permitted.
2. The proceedings with regard to Defendants 1) and 2) are closed.
3. Attorney’s fees, costs of court and expenses are borne by the party incurring the same.
4. This decision is to be entered on the register.

DETAILS OF THE DECISION
Order no. ORD_39075/2024 in ACTION NUMBER: ACT_597691/2023
UPC number: UPC_CFI_513/2023
Action type: Infringement Action
Related proceeding no. Application No.: 39047/2024
Application Type: Generic procedural Application