LD Lisbon, April 10, 2026, Order, UPC_CFI_858/2025

1. Key takeaways

The assessment of whether an action becoumes devoid of purpose (R. 360 RoP) is based on the interest o the party that filed the action.

The court assesses whether an action is devoid of purpose based on the claimant’s legitimate legal interest (R. 360 RoP). The defendant’s interest is not autonomously considered in this assessment.

When a claimant requests disposal of the action after the patent-in-suit has expired, while not claiming a declaration of infringement, this is deemed to imply the claimant’s assertion that no infringement occurred while the patent was still in force.

Disposal of a man action (R. 360 RoP) cannot be oppose based on R. 213 RoP.

R. 213 RoP applies to provisional measures and does not apply to the proceedings on the merits. Therefore, it cannot be asserted to oppose to the disposal of a main action pursuant to R. 360 RoP.