UPC Decision on Ericsson v. AsusTek, EP 2 819 131
The UPC Local Division in Lisbon issued a decision concerning the infringement dispute over EP 2 819 131 between Ericsson and AsusTek. The dispute involved infringement claims filed by Ericsson and a counterclaim for revocation by AsusTek.
The court upheld Ericsson's infringement claim and dismissed AsusTek's counterclaim for revocation. Prior to this outcome, both parties had agreed on cost arrangements based on varying scenarios, which stipulated that the unsuccessful party would bear specified legal costs.
Despite Ericsson's insistence on the enforceability of the settlement agreement under Rule 365 RoP, AsusTek contested it, arguing the need for a formal confirmation request by both parties. Nonetheless, the court affirmed that the agreement constituted a settlement under the Rule 365.1 RoP, and ordered AsusTek to reimburse EUR 150,000 to Ericsson.