AX Wireless v Xiaomi (CFI, 12 October 2026)

Dhenne Avocats · 22 October 2026

Our analysis

Summary

By an order of 12 October 2026 following the interim conference common to UPC_CFI_676/2025 and UPC_CFI_746/2025 (counterclaims CC 102/2026 and CC 103/2026), the judge-rapporteur of the Munich Local Division sets the value of each of AX Wireless, LLC’s infringement actions against four Xiaomi group companies on EP 3 072 324 and EP 3 182 635 at EUR 1,000,000 and that of each counterclaim for revocation at EUR 1,500,000, arranges the handling of costs and schedules the oral hearing for 19 and 20 January 2027, the second day being reserved, if necessary, for the FRAND defence common to both cases and for remedies.

Question

How does the judge-rapporteur, after the interim conference, deal with the value in dispute, costs and hearing in two parallel actions between the same parties in which the defendants raise the same FRAND defence?

Decision

The interim conference under Rule 105.5 RoP was held in two parts, the first on 10 July devoted to the FRAND defence and the second by video on 9 October 2026. As the parties agreed a value of EUR 1,000,000 for each infringement action, each counterclaim for revocation is valued at 150% of that amount in accordance with the Administrative Committee Guidelines, giving a total value of EUR 2,500,000 per case and a ceiling for recoverable costs of EUR 400,000 in each (paras 6 to 10). Failing agreement on costs, estimates are to be filed one week before the hearing, with five days for the other side to respond, and the parties must state by 26 October 2026 how costs should be allocated if infringement is found for routers only. The judge-rapporteur asked the defendants whether the counterclaim could be made conditional on a finding of infringement (para. 14) and suggested focusing the debate on EP 3 072 324, which raises fewer validity issues, possibly by withdrawing the case on EP 3 182 635 (para. 15). The claimant’s objections to late arguments and exhibits of the defendants remain for the panel to decide, the defendants being allowed to respond by 26 October 2026 (para. 24). The hybrid hearing will take place on 19 January 2027 for the technical aspects of both cases and, if necessary, on 20 January 2027 for common issues such as the FRAND defence and remedies (para. 19).

Key points for practice

• The counterclaim for revocation is valued at 150% of the infringement action, bringing the total value to EUR 2,500,000 and the ceiling for recoverable costs to EUR 400,000 per case.
• The judge-rapporteur encourages the parties to narrow the dispute by focusing on one patent, possibly withdrawing the other case and making the counterclaim conditional on infringement, while the FRAND defence is heard jointly for both cases.

Provisions applied

Rules of Procedure

Rule 105.5 RoP

Other texts

Administrative Committee Guidelines (value of the counterclaim for revocation)

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, 8 October 2026, case management order in action UPC_CFI_676/2025 on late submissions and exhibits.
• AX Wireless v Xiaomi, 8 October 2026, order on the refund of the counterclaim fee.

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.