Maxell v Samsung Electronics (CFI, 10 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 10 April 2026, issued after the interim conference (Rule 105.5), the judge-rapporteur of The Hague Local Division prepares the oral hearing in Maxell’s infringement action against four Samsung companies on EP 2 061 230 and in the counterclaim for revocation (UPC_CFI_251/2025 and UPC_CFI_769/2025). She sets the value of the action at EUR 1,500,000 and that of the counterclaim at EUR 2,000,000, excludes the new invalidity attacks raised by Samsung in its rejoinder and requires the parties to narrow the issues before the hearing. The order shows the division’s active case management. It does not decide any point of principle.

Question

What value should be attributed to the action and to the counterclaim, and how should the oral phase be organised in a case involving numerous invalidity attacks and auxiliary requests?

Decision

The values are set at EUR 1,500,000 and EUR 2,000,000 (points A and B). Maxell’s objection is upheld: the new invalidity attacks are not part of the proceedings (point F). The parties agree that information designated as confidential will be treated as such (point G). Samsung must identify by 17 April 2026 its strongest invalidity attacks (three to five are suggested), Maxell must then list its auxiliary requests (five to ten suggested), and Samsung must state the attacks relied on against each (points H to J). Each side has 90 minutes of pleading time and 30 minutes of rebuttal (point L). The ceiling for recoverable costs is EUR 400,000 (point M). Samsung’s objection to Maxell’s submissions on the so-called de facto FRAND defence will be decided only if it proves relevant (paragraph 3).

Key points for practice

• New invalidity attacks raised late in the written procedure may be excluded as early as the interim conference (point F).
• The division expects the parties to rank their invalidity attacks and auxiliary requests before the hearing. That selection is best prepared during the written procedure (points H to J).

Provisions applied

Rules of Procedure

Rules 105.5, 185 and 262.2

Related decisions

• Maxell v Samsung Electronics, 10 August 2026, decision on the merits.

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.