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UPC 57037/2024
App 5729/2025
App 5962/2025
ORDER
of the Court of First Instance of the Unified Patent Court
Central Division Milan
issued on 27 February 2025
REFERENCE CODE ECLI: Not provided
CLAIMANT:
SharkNinja Italy S.R.L., Via Tortona 33 – CAP 20144 – Milano – Italy
represented by Caroline Horstmann, Freshfields Bruckhaus Deringer
DEFENDANT:
Dyson Technology Limited, Tetbury Hill – SN16 0RP – Malmesbury, Wiltshire – Great Brittain
represented by Constanze Krenz, DLA Piper UK LLP
PATENT AT ISSUE:
EP 2043492, proprietor Dyson Technology Limited
DECIDING JUDGES:
FULL PANEL:
Presiding judge – Andrea Postiglione
Legally qualified judge and judge-rapporteur – Marije Knijff
Technically qualified judge – Pascal Weber
LANGUAGE OF PROCEEDINGS:
English
SUBJECT-MATTER OF THE PROCEEDINGS:
Claim for revocation
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GROUNDS FOR THE ORDER
With letter dated 21 Oktober 2024 Claimant filed a substantiated request for revocation of European
Patent EP 2043492 with the UPC Central Division Milan. On january 3rd 2025, Claimant filed a
request to stay proceedings pursuant to Rule 295 d) RoP declaring that both parties had reached an
agreement and subsequently signed a term sheet to settle litigation. On January 15th the present
Division issued an order to stay the proceedings. On February 3rd and 4th Claimant requested
withdrawal of its revocation action and requested the court render a decision declaring the
proceedings closed. Claimant specifically indicated that Defendant consented to the withdrawal and
that a cost decision is not requested. On February 14th the Court issued a preliminary order in which
the present order has been presented to Claimant and Defendant as intended order, with the
opportunity for Defendant to comment on it. Defendant chose to not lodge comments.
This request is admissible since there is no final decision in the revocation action. In view of their
consent, no party can be considered to have a legitimate interest in the actions being decided by the
Court. The request can thus be allowed.
Claimant’s request for reimbursement of 60% of the court fees (and thus an amount of EUR 12.000)
can be allowed as well, as the revocation action is withdrawn before the closure of the written
procedure (R. 370.9(b)(i)). In as far as necessary, the value of the action is set at 500.000 euro.
ORDER
The court:
- allows the withdrawal of the revocation action (UPC 57037/2024);
- declares the proceedings closed;
- orders that this decision shall be entered on the register;
- declares that there is no need for a cost decision;
- orders the claimant to be reimbursed 60% of the court fees paid, and thus an amount of EUR
12.000
- sets the value of the case at EUR 500.000.
Issued in Milan on 27 February 2025
NAMES AND SIGNATURES
Andrea Postiglione (Presiding judge) ANDREA
POSTIGLIONE
Firmato digitalmente da
ANDREA POSTIGLIONE
Data: 2025.02.27 11:15:01
+01'00'
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Marije Knijff (Legally qualified judge and
judge-rapporteur)
Pascal Weber (Technically qualified
judge)
For the Deputy Registrar (clerk)
ORDER DETAILS
Order no. ORD_7507/2025 in ACTION NUMBER: ACT_57037/2024
UPC number: UPC_CFI_604/2024
Action type: Revocation Action
Related proceeding no. Application No.: 5962/2025
Application Type: Generic procedural Application
Firmato digitalmente
da MOLINARI VALERIA
Data: 2025.02.27
09:32:32 +01'00'
Pascal, Lucien,
Pierre Weber
Signature numérique de
Pascal, Lucien, Pierre Weber
Date : 2025.02.27 12:16:34
+01'00'
Marije Knijff
Digitally signed by Marije
Knijff
Date: 2025.02.27 14:44:23
+01'00'