AX Wireless v Xiaomi (CFI, refund of fee, 8 October 2026)

Dhenne Avocats · 22 October 2026

Our analysis

Summary

By an order of 8 October 2026 (UPC_CFI_676/2025), the judge-rapporteur of the Munich Local Division grants the request of the four Xiaomi defendants in AX Wireless, LLC’s infringement action on EP 3 072 324 for a refund of EUR 4,900 overpaid on their counterclaim for revocation, holding that the former Table of Court Fees still applies to an action filed before 1 January 2026.

Question

Does the amended Table of Court Fees, in force since January 2026, apply to a counterclaim for revocation filed in 2026 in an infringement action brought in 2025?

Decision

The infringement action was filed on 22 July 2025 with a value of EUR 1,000,000, and the claimant paid a fee of EUR 15,000. The defendants filed their counterclaim for revocation on 12 January 2026 and paid EUR 19,900 (a fixed fee of EUR 14,600 and a value-based fee of EUR 5,300). The judge-rapporteur holds that under Article 5 of the Administrative Committee Decision of 4 November 2025 the amended Table applies only to actions and applications filed after 31 December 2025 and that, the action having been filed before that date, the Table adopted on 8 July 2022 continues to apply. Under that Table, the fee for the counterclaim for revocation is the same as for the infringement action (para. 7), namely EUR 15,000. The request for a refund of EUR 4,900 is granted and the sub-registry is instructed to reimburse the defendants.

Key points for practice

• In proceedings commenced before 1 January 2026, a counterclaim for revocation filed after that date remains subject to the former Table, which sets its fee at the level of the infringement action.

Provisions applied

Other texts

Administrative Committee Decision of 4 November 2025, Article 5, and Table of Court Fees adopted on 8 July 2022

Related decisions

• AX Wireless v Xiaomi, 17 October 2025, same proceedings (UPC_CFI_676/2025), alignment of the four Xiaomi defendants’ time limits.
• AX Wireless v Xiaomi, 8 October 2026, case management order in action UPC_CFI_746/2025 (EP 3 182 635).
• AX Wireless v Xiaomi, 12 October 2026, joint order in both actions setting the value of the dispute and the hearing.
• AX Wireless v Xiaomi, 8 October 2026, case management order in action UPC_CFI_676/2025 on late submissions and exhibits.

Prepared by Dhenne Avocats from the official decision, consulted on 22 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.