Central Division Paris Seat
Decision
of the Court of First Instance of the Unified Patent Court
Central Division (Paris Seat)
delivered on 31. July 2025
ACT 579176/2023 UPC_CFI-361/2023

PARTIES:
Claimant:
Toyota Motor Europe NV/SA, Avenue du Bourget 60, 1140 Evere, Belgium, represented
by its CEO Yoshihiro Nakatal
Representative: Dr. Constanze Krenz, David Kless, DLA Piper UK LLP, Maximilianstr. 2,
80539 Munich, German

Defendant:
Neo Wireless GmbH & Co. KG, Formerstr. 47, 40878 Ratingen, Germany, represented
by its managing director Björn Rappen,
Representative: Dr. Christoph Walke, Matthias Waters, Dr. Martin Rütten,
Cohausz&Florack, Bleichstraße 14, Düsseldorf, Germany

PATENT AT ISSUE:
EP 3 876 490

PANEL:
Panel 1 of the Central Division - Paris Seat

DECIDING JUDGE:
This decision has been issued by the Judge-rapporteur Maximilian Haedicke, the legally
qualified judge Tatyana Zhilova representing the presiding judge Marjolein Visser and the
technically qualified judge Udo Matter.

LANGUAGE OF PROCEEDINGS:
English

SUMMARY OF FACTS
With date of 20 October 2023, Claimant filed a revocation action before the seat of the
Central Division of the Unified Patent Court.
On 19 July 2024 the judge-rapporteur and the technically qualified judge held the interim
conference. The order after the interim conference was issued on 23 July 2024
(ORD_598396/2023: ACT_579176/2023). The parties were requested to submit a
summary of their arguments until 16 September 2024. The date for the oral hearing has
been confirmed for 25 September 2024.
With order ORD_46629/2024, ACT_579176/2023 of 21 August 2024 the oral hearing was
suspended.
The Court stayed the proceeding with order ORD_46629/2024 ACT_579176/2023 of 10
October 2024 No. App_45991/2024 upon request of the parties.
On 25 June 2025, the Claimant’s representative filed an application for withdrawal of
proceedings under Rule 265 of the Rules of Procedure of the Unified Patent Court (No.
App_30331/2025 UPC_CFI_361/2023).
Claimant requests:
I. The court allows the withdrawal of the revocation action
(UPC_CFI_361/2023, ACT_579176/2023) and orders the proceedings
closed.
II. The court orders the reimbursement of 40% of the Court fees, i.e. EUR
8.000, to Toyota Motor Europe in accordance with R. 370.9 (b) (ii) RoP.
Claimant further stated that a decision on the recoverable costs is not needed by the
parties.
According to Rule 265 Defendant was invited to comment. With submission of 9 July 2025
Defendant confirmed the withdrawal as requested by Claimant according to the application
for withdrawal filed on 25 June 2025. Defendant does also not request a cost decision.

GROUNDS FOR THE DECISION
1.
According to Rule 265 of the Rules of Procedure (RoP), a Claimant may apply to withdraw
its action as long as there is no final decision.
If withdrawal is permitted, the Court shall:
a) give a decision declaring the proceedings closed;
b) order the decision to be entered on the register; and
c) issue a cost decision in accordance with Part 1, Chapter 5 RoP.
The Court will refrain from issuing a decision on costs as this is not requested.
Claimant’s request for reimbursement is partially well-founded. The request for
reimbursement is not justified on the basis of R. 370.9 (b) (ii) RoP, but on the basis of R.
370.9 (b) (iii).
2.
A request for reimbursement on the basis of R. 370.9 (b) (ii) RoP is justified if the action is
withdrawn before the closure of the interim procedure. The conditions under which the
interim procedure is considered to be closed are stipulated in R.110 RoP. According to
R.110 (2) RoP the interim procedure shall be deemed closed where final dates have been
set pursuant to 103 and 104 on the last date set.
Rules 103 RoP and 104 RoP refer to orders issued in the interim conference.
On 19 July 2024 the judge-rapporteur and the technically qualified judge held the interim
conference. The order after the interim conference was issued on 23 July 2024
(ORD_598396/2023, ACT_579176/2023). The last date set in the order following the
interim conference was 16 September 2024.
Therefore, the interim procedure was closed on 16 September 2024.
3.
A request for reimbursement on the basis of R. 370.9 (b) (iii) RoP is justified if the action is
withdrawn before the closure of the oral procedure.
The oral procedure was cancelled so that the withdrawal was submittted before the closure
of the oral procedure.
4.
Accordingly, the party liable for the court fees (Claimant) will be reimbursed by 20%
because the action was withdrawn before the closure of the oral procedure. 20% of the
court fee of EUR 20,000 is EUR €4,000.

DECISION
The Court
I. declares that the request for withdrawal is granted;
II. declares case UPC_CFI_361/2023, ACT_579176/2023, terminated pursuant to rule
265.2(a) RoP;
III. orders that this decision be entered in the UPC register in accordance with rule
265.2(b) RoP;
IV. orders the reimbursement of 20% of the Court fees, i.e. EUR 4.000, to plaintiff in
accordance with R. 370.9 (b) (ii) RoP.
V. rejects all further requests.

Order details
Order no. ORD_34062/2025 in ACTION NUMBER: ACT_579176/2023
UPC number: UPC_CFI_361/2023
Action type: Revocation Action
Related proceeding no. Application No.: 30331/2025
Application Type: Application for leave to withdraw an action (RoP265)