Maxell v Samsung Electronics (CFI, UPC_CFI_196/2025, 5 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

Following the interim conference of 30 April 2026 in infringement action UPC_CFI_196/2025 and counterclaim for revocation UPC_CFI_665/2025 concerning EP 2 403 266, held by Maxell, Ltd., the judge-rapporteur of the Munich Local Division sets the value of the proceedings and organises the oral hearing. The published text is a rectified version, deleting incorrect information at the end of section I of the order issued earlier the same day. The order shows how the division narrows the dispute before the hearing.

Question

What value should be set for each action, and how should the validity attacks and auxiliary requests be limited before the hearing of 23 July 2026?

Decision

The value of the infringement action is set at EUR 2,000,000 and that of the counterclaim at EUR 3,000,000, on the judge-rapporteur’s proposal accepted by the parties. The defendants must arrange the additional fee payment by 15 May 2026 (Rule 371.4). Under the agreements recorded, the defendants will limit their attacks on the patent as granted to five or six, Maxell will reduce its 34 auxiliary requests to about ten, and attacks on each auxiliary request will be limited to one or two. The judge-rapporteur states that the defendants’ confidentiality requests under Rule 262.2 are not implied requests under Rule 262A and concern only third-party access to the register. No court expert is to be appointed. Speaking time at the hearing is allocated by topic.

Key points for practice

• The value of a counterclaim may be set higher than that of the infringement action, with the counterclaimant paying the additional fee.
• A request under Rule 262.2 is not to be read as a request for protection between the parties under Rule 262A.

Provisions applied

Rules of Procedure

Rules 105.5, 262.2, 262A, 353 and 371.4

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.