Central Division
Paris Seat

DECISION
of the Court of First Instance of the Unified Patent Court
Central division (Paris seat)
issued on 14 January 2025
in the revocation action ACT_19132/2024
UPC_CFI_167/2024
App_67325/2024 for leave to withdraw an action

HEADNOTES: 1. Since Rule 265 (1) of the Rules of procedure (‘RoP’) does not require the express
consent of the opposing party, it is sufficient that the party was given an opportunity to comment
on the withdrawal and did not object within the time limit set by the Court.

KEYNOTES: withdrawal.

APPLICANT:
Bentley Motors Limited - Pyms Lane, CREWE, Cheshire, CW1 3PL, UK
represented by Tobias Kaufmann, Bardehle Pagenberg Partnerschaft mbB

RESPONDENT:
Network Systems Technologies LLC - 533 Congress Street, 04101 Portland, ME, USA
represented by Thomas Gniadek, Simmons & Simmons

PATENT AT ISSUE:
European patent n° EP 1 552 399

PANEL:
Panel 2
Presiding judge and judge-rapporteur Paolo Catallozzi
Legally qualified judge Tatyana Zhilova
Technically qualified judge Andrea Scilletta

DECIDING JUDGE:
This order has been issued by the panel.

SUMMARY OF FACTS AND PARTIES’ REQUESTS:
1. On 23 December 2024 the applicant, claimant in the revocation action filed against the
respondent before this Central Division concerning the patent at issue (registered as No.
ACT_19132/2024), applied to withdraw this revocation action, stating that they have the
consent of the defendant and that no application for a cost decision will be filed by any party.
2. The judge-rapporteur, pursuant to Rule 265 of the Rules of Procedure (RoP’), invited the
respondent to provide written comments, granting time until 2 January 2025. in the time given
no objection was raised by the respondent.
3. On 7 January 2025 the respondent stated that they consent to the withdrawal and confirmed
that no application for a cost decision will be filed by any party.

GROUNDS FOR THE DECISION:
4. Since Rule 265 (1) ‘RoP’ does not require the express consent of the opposing party, it is
sufficient that the party was given an opportunity to comment on the withdrawal and did not
object within the time limit set by the Court.
5. Furthermore, the express consent was given out of time. Since the time limit set by the judge-
rapporteur is not preclusive, the consent to the withdrawal should be taken into account.
6. The requirements of Rule 265 (1) ‘RoP’ are met, and the withdrawal is admissible. As a result,
the present proceedings shall be deemed to be closed and all orders made by the Court in these
proceedings shall be of no effect.
7. 7. In the absence of an application for costs, the Court should not rule on costs and therefore no
decision under Rule 265(2)(c) ‘RoP’ should have been issued. The Court permits the withdrawal,
as no objection is raised by the respondent (who, by the way, filed their comments out of time).
Hence, the current proceeding shall be considered closed, and all the orders issued by the Court
in these proceedings devoid of effect.
8. There is no need to issue a cost decision, as provided by Rule 265 (2) (c) ‘RoP’, as neither party
sought such a decision.

DECISION
The Court,
pursuant to Rule 265 ‘RoP’,
- permits the withdrawal of the revocation action filed by Bentley Motors Limited against Network
Systems Technologies LLC and registered as No. ACT_19132/2024 UPC_CFI_170/2024;
- declares the proceedings closed;
- orders the decision to be entered on the register.
Issued on 14 January 2025.

ORDER DETAILS
Order no. ORD_67919/2024 in ACTION NUMBER: ACT_19132/2024
UPC number: UPC_CFI_170/2024
Action type: Revocation Action
Related proceeding no. Application No.: 67325/2024
Application Type: Application for leave to withdraw an action (RoP265)