Fraunhofer-Gesellschaft v HMD Global (CFI, UPC_CFI_494/2025, 1 June 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a document of 1 June 2026 combining the summary of the interim conference with a procedural order, issued in the joined proceedings UPC_CFI_494/2025 and UPC_CFI_495/2025 (with counterclaims for revocation), the judge-rapporteur of the Hamburg Local Division prepares the oral hearing of 2 and 3 June 2026 in Fraunhofer-Gesellschaft v HMD Global Oy (EP 2 380 167 and EP 2 609 590, audio coding). The value of each action and each counterclaim is set at EUR 1.5 million, late submissions by the defendant are disregarded and the order of the final FRAND submissions is settled.

Question

Which late submissions on exhaustion and the FRAND defence may still be admitted on the eve of the hearing, and may the defendant reply to the proprietor’s last FRAND submission?

Decision

In case 495/2025, the defendant’s submissions on the FDK codec implementation (exhibit HL 6) are disregarded, auxiliary request III is admitted and the defendant may comment on infringement within two weeks. The proprietor’s FRAND submission permitted under Rule 36 RoP is admitted, as proportionality and fairness require it in the face of a FRAND defence (paragraph 10). The challenge to the Via pool royalty rates, first raised in the rejoinder, stays in the file since it introduces no new facts, but the defendant may not reply: the defendant to the counterclaim must have the last word (paragraphs 11 and 12). The written procedure closes once the time limits granted expire.

Key points for practice

• Practical point: a challenge to a patent pool’s royalty rates must be raised in the statement of defence, raised in the rejoinder, it gives no right to a further reply.

Provisions applied

Rules of Procedure

Rules 9, 36, 105.5 and 263

Case law cited

Dolby v Beko, Düsseldorf Local Division, 14 August 2025 (UPC_CFI_135/2024), Orange v HMD Global, Paris Local Division, 10 April 2026

Related decisions

• Fraunhofer-Gesellschaft v HMD Global, 19 December 2025, earlier procedural order in the same proceedings.
• Fraunhofer-Gesellschaft v HMD Global, 24 August 2026, later decision in proceedings UPC_CFI_494/2025.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.