Düsseldorf Local Division
UPC_CFI_486/2025

Decision
of the Court of First Instance of the Unified Patent Court
issued on 12 September 2025
concerning EP 2 936 439

CLAIMANT:
Eyesmatch Ltd, represented by its managing director Salvador Nissi Vilcovsky, c/o Hermes Corporate Service (BVI) Ltd., 6th Floor, Waters Edge, Building 1, Wickham’s Cay 2, Road Town, Tortola, British Virgin Islands
represented by: Attorney-at-law Holger Stratmann, Patent Attorney Dr Axel T. Esser, HOFFMANN EITLE Patent- und Rechts-anwälte Partnerschaftsgesellschaft mbB, Arabellastraße 30, 81925 Munich, Germany
electronic address for service: HStratmann@HoffmannEitle.com

DEFENDANTS:
1. Microsoft Corp., One Microsoft Way, Redmond, WA 98052-6399, USA
2. Microsoft Ireland Operations Ltd., represented by its Director Benjamin Orndorff, 70 Sir Rogerson's Quay, Dublin D02 R296, Ireland
Defendants 1 and 2 represented by: Attorney-at-law Dr Constanze Krenz, Attorney-at-law David Kleß, Attorney-at-law Dr Joschua Fiedler, DLA Piper UK LLP, Maximilianstraße 2, 80539 Munich, Germany
Attorney-at-law Alexander Ritter, Dr Moritz Sutterer Morgan, Lewis & Bockius LLP, Königinstraße 9, 80539 Munich, Germany
electronic address for service: constanze.krenz@dlapiper.com

PATENT IN SUIT:
European Patent n° 2 936 439

PANEL/DIVSION:
Panel of the Local Division in Düsseldorf

DECIDING JUDGES:
This decision was issued by Presiding Judge Thomas, legally qualified judge Dr Schumacher acting as judge-rapporteur and legally qualified judge Granata.

LANGUAGE OF THE PROCEEDINGS: English

SUBJECT: R. 265.1 RoP – Application for leave to withdraw the action R. 370 RoP – Application for reimbursement of court fees

SUMMARY OF THE FACTS:
1. On 2 June 2025, the Claimant filed an infringement action against the Defendants before the Court.
2. Prior to the closure of the written procedure, the Claimant withdrew the infringement action by brief dated 5 September 2025 and requested reimbursement of 60% of the court fees.
3. The Claimant stated that the parties had settled the legal dispute out of court. According to the Claimant, the parties agreed that each party would bear their own legal costs and other expenses, with the Claimant bearing the court fees. From the Claimant's point of view, a cost decision is therefore unnecessary.
4. On 8 September 2025, the Defendants agreed to the withdrawal of the infringement action. They also confirmed that neither Defendant would request any reimbursement of costs, meaning that there is no need for a cost decision.

GROUNDS FOR THE DECISION:
5. The decision follows the parties’ jointly expressed will.
6. Although R. 265.2(c) RoP provides that a decision on costs is to be taken in accordance with Part 1, Chapter 5, no such decision is required in this case due to the parties’ declarations. (cf. UPC_CoA_569/2024, Order of 24 January 2025 – DexCom v. Abbott).
7. The order to reimburse the Claimant 60 % of the court fees is based on R. 370.11, R. 370.9(b)(i) RoP.

ORDER:
1. The withdrawal of the infringement action is allowed at the Claimant’s application and with the Defendants’ consent.
2. The proceedings referred to in point 1 are declared closed.
3. This decision shall be entered in the register.
4. No cost decision is required.
5. The Registrar is directed to reimburse the Claimant, as soon as possible, for 60 % of the court fees paid in relation to the infringement action, namely EUR 14,400.
6. The value in dispute for the infringement action is set at EUR 2,000,000.

DETAILS OF THE ORDER:
App_36427/2025 related to the main file reference ACT_25949/2025
UPC-number: UPC_CFI_486/2025
Type of procedure: Infringement action

Issued in Düsseldorf on 12 September 2025