UPC CoA, 4 June 2024: Withdrawal of appeal against two of several defendants rejected

Application to withdraw appeal in relation to two (Xiaomi DE and Xiaomi NL) of several defendants rejected (Rule 265 RoP). 

The Court of Appeal will consider whether those respondents have already been served the Statement of grounds of appeal, whether they want the appeal to be adjudicated in relation to themselves as respondents and whether they have a legitimate interest in adjudication. 

Main consideration for legitimate interests is the content of the order under appeal and how a withdrawal affects the respondent. 

Part of the appeal is that Daedalus is requesting that service on Xiaomi Communications Co. Ltd. and Xiaomi Inc is made via Xiaomi DE. Xiaomi DE is a defendant before the Court of First Instance, has responded to the appeal, and will be affected by a reversal of the order of the Court of First Instance since, in that situation, it will be burdened by service on behalf of affiliate companies, which would result in internal responsibilities / liabilities, as it is supposed to inform the other companies of service having been made. Xiaomi NL, who owns all shares in Xiaomi DE, is a defendant before the Court of First Instance, has responded to the appeal, and will indirectly be affected by the outcome of the appeal since it will influence the course and length of proceedings before the Court. The latter aspect applies also in relation to Xiaomi DE. `

Question whether Rule 305 RoP allows a withdrawal of an appeal against one or more but not all defendants in the proceedings before the Court of First Instance in a case such as the one at hand is left aside. 

Rule 263.3 RoP is not applicable to withdrawal of an appeal against respondents in appeal proceedings since it allows for a an unconditional limitation of a claim in an action, while the present withdrawal is a matter of limiting not the claim but the respondents in the appeal proceedings.

IPPT20240604, UPC CoA, Daedalus v Xiaomi

Similar to Order of the UPC Court of Appeal in Nera Innovations v Xiaomi of the same date regarding EP2642632 (App_31209/2024)