Maxell v Samsung Electronics (CFI, 22 September 2026)
| Date | 22 September 2026 |
|---|---|
| Court | CFI |
| Division | Munich (DE) Local Division |
| Type of action | Infringement Action |
| Case number(s) | UPC_CFI_196/2025 |
| Registry reference | UPC_CFI_196/2025 |
| Parties | Maxell, Ltd. v. Samsung Electronics Co., Ltd., Samsung Electronics GmbH, Samsung Electronics France, S.A.S., Samsung Electronics Benelux B.V. … |
| Language | English |
Official decision (PDF) · UPC registry entry
Case timeline
- 5 May 2026 : Maxell v Samsung Electronics (CFI, UPC_CFI_196/2025, 5 May 2026) UPC_CFI_196/2025
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 4 October 2026
Our analysis
Summary
The Munich local division revokes the European part of Maxell’s patent for lack of novelty and dismisses the infringement action. The decision confirms that an auxiliary request drawn from the description does not escape an obviousness objection where it merely adds a function already disclosed by the closest prior art. For a patent owner it reads as a reminder: the fallback strategy is built during case management, not at the hearing.
Facts and procedure
Maxell, proprietor of European patent 2 403 266 on transferring content display between a portable terminal and an external processing apparatus, sued Samsung Electronics and four European subsidiaries on 10 March 2025 before the Munich Local Division. Samsung counterclaimed for revocation on lack of novelty, lack of inventive step and added matter. The interim conference of 30 April 2026 narrowed the dispute to five validity attacks and twelve auxiliary requests. The oral hearing was held on 23 July 2026.
The applicable law
The validity of a European patent before the Unified Patent Court is assessed under Articles 52 to 57 and 138 of the European Patent Convention, the scope of the claims being determined under Article 69 and its interpretative protocol. Where a counterclaim for revocation is brought, the local division may rule on validity and on infringement itself (Article 65(2) of the Agreement on a Unified Patent Court), an application to amend the patent being governed by Rule 30 of the Rules of Procedure.
Question
Does the patent survive the revocation attacks, and must the Court still rule on infringement where validity fails.
Decision
The Munich Local Division dismisses the infringement action and allows the counterclaim for revocation. The claims as granted lack novelty over a Sony prior art document. The auxiliary requests fail for lack of inventive step over that document combined with a second one, or for added matter. Maxell bears the costs.
Key points for practice
- The division decides validity first, on a functional construction of the claims, and no longer needs to rule on infringement.
- Two disputed features are held to be disclosed, explicitly or necessarily, by prior art D1 (paragraphs 69 to 75).
- Auxiliary request 3 is held obvious over D1 combined with a document from the defendant’s own portfolio disclosing the transmission of authentication information (paragraphs 86 and 87).
- Practical point: stress test auxiliary requests against the closest prior art combinations from the interim stage, since amendments drawn from the description were held obvious here.
Provisions applied
- European Patent Convention
- Art. 52, Art. 54, Art. 56, Art. 69, Art. 138
- Agreement on a Unified Patent Court
- Art. 65(2)
- Rules of Procedure
- Rules 19.7, 25.1, 30.2, 44, 105.5 and 263
- Case law cited
- 10x Genomics v NanoString, Court of Appeal, 26 February 2024, on claim construction.
Related decisions
Summary prepared by Dhenne Avocats from the decision and the official registry record, consulted on 4 October 2026. It does not replace reading the decision itself.
Decisions in the same proceedings
Going further
Lexicon: Court fees and costs (UPC), Patent infringement action.
Publications by Matthieu Dhenne: Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction (Kluwer Patent Blog).
Other commentary
EPLAW Patent Blog, 10 August 2026 reports on the parallel decision of the Hague local division in the same Maxell v Samsung dispute (UPC_CFI_251/2025), where the patent and all auxiliary requests were likewise held invalid.
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- English from the language of proceedings
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Parties
- claimantMaxell, Ltd.7 decisions in the corpusFollow this party
- defendantSamsung Electronics Co., Ltd.22 decisions in the corpusFollow this party
- defendantSamsung Electronics GmbH21 decisions in the corpusFollow this party
- defendantSamsung Electronics France, S.A.S12 decisions in the corpusFollow this party
- defendantSamsung Electronics Benelux B.V.9 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
- 5 May 2026 Maxell v Samsung Electronics (CFI, UPC_CFI_196/2025, 5 May 2026) Infringement Action · UPC_CFI_196/2025
Le juge rapporteur fixe la valeur de l'action en contrefaçon à 2 000 000 EUR et celle de la demande reconventionnelle à 3 000 000 EUR, et consigne les accords limitant les moyens de nullité et les requêtes subsidiaires avant l'audience.
- 22 September 2026 Maxell v Samsung Electronics (CFI, 22 September 2026) Infringement Action · UPC_CFI_196/2025
What the record states
- Nature of the act
- Infringement Action
- Outcome (Dhenne Avocats summary)
- In this decision on the merits, the Munich Local Division dismissed Maxell's infringement action based on EP 2 403 266 B1, which relates to transferring content display between a portable terminal and an external information processing apparatus, and allowed Samsung's counterclaim for revocation. The court found the claims as granted to lack novelty over a Sony prior art document (D1), found the auxiliary requests to fail for lack of inventive step over D1 combined with a further document disclosing authentication information, or for added matter, and ordered Maxell to bear the costs.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 2 403 266 B1mentioned in: summary of the decision Follow this patent
Related decisions cited in the analyses
- Samsung Electronics Benelux v Maxell (CFI, 10 August 2026) cited in this record
- Maxell v Samsung Electronics (CFI, 10 August 2026) cited in this record
- Maxell v Samsung Electronics (CFI, UPC_CFI_196/2025, 5 May 2026) cited in this record
- Bruker Spatial Biology v 10x Genomics (CoA, 1 October 2025) cited in this record
- NanoString Technologies v 10x Genomics (CoA, 26 February 2024) cited in this record
- Samsung Electronics Benelux (CFI, 22 September 2026) cites this decision
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 403 266 B1 | Patent at issue according to the summary or official headnote Also mentioned in 2 other decision(s): Maxell v Samsung Electronics (CFI, UPC_CFI_196/2025, 5 May 2026) · Maxell v Samsung Electronics (CFI, 23 April 2025) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: summary of the decision |
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