Headwater Research v Samsung Electronics (CFI, 3 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a Rule 105.5 order of 3 March 2025, issued after the interim conference of 28 February 2025 in Headwater Research’s infringement action against three Samsung companies (EP 2 391 947, UPC_CFI_54/2024) and the joined counterclaim for revocation (UPC_CFI_396/2024), the judge-rapporteur of the Munich Local Division sets the value in dispute and prepares the oral hearing of 20 May 2025. The order is of interest for the method used to value the counterclaim and records the judge-rapporteur’s indication that the revocation ground based on lack of entitlement is inadmissible.

Question

How should the value of a counterclaim for revocation be set absent better information, and which directions govern the close of the written procedure and the hearing?

Decision

Following the guidelines referred to by the judge-rapporteur, the counterclaim is valued, absent better information, at 150% of the infringement claim: EUR 2 million for the action and EUR 3 million for the counterclaim, giving EUR 5 million, with no objection from the parties. The judge-rapporteur indicated that the attack under Art. 138(1)(e) EPC was inadmissible under the applicable German and French law. Late-filed documents ZP8 and ZP9 appear justified in response to the auxiliary requests, while leave for new auxiliary requests will not be granted automatically. Headwater may reply until 20 March 2025, when the written procedure closes. PowerPoint slides are allowed if they reproduce only the content of the pleadings. No witnesses or experts are called at this stage.

Key points for practice

• Absent more specific information, a counterclaim for revocation is valued at 150% of the infringement claim.
• Practical point: the interim conference is where the judge-rapporteur gives preliminary views on the admissibility of attacks and late-filed documents, which should shape preparation for the hearing.

Provisions applied

Rules of Procedure

Rules 102.2, 103, 105.5, 115, 175, 333 and 355

European Patent Convention

Art. 138(1)(e)

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.