Hand Held Products v Scandit (CFI, 24 February 2025)
| Date | 24 February 2025 |
|---|---|
| Court | CFI |
| Division | Munich (DE) Local Division |
| Type of action | Generic application |
| Registry reference | App_7141/2025 · ORD_9117/2025 |
| Parties | Scandit AG |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 24 February 2025 following the interim conference of 21 February (UPC_CFI_73/2024 and UPC_CFI_408/2024, ACT_9206/2024, ORD_9117/2025), the judge-rapporteur of the Munich Local Division (Presiding Judge Zigann) set up the oral hearing of 29 April 2025 in the infringement action brought by Hand Held Products against Scandit on EP 3 866 051, in which Scandit has counterclaimed for revocation. The order is mainly of use for its approach to the value of the dispute and its rules on visual aids at the hearing.
Question
How should the value of the counterclaim for revocation be fixed, and which procedural issues can be left to the oral hearing?
Decision
Absent better information, the value of the counterclaim is set, in line with the guidelines, at 150% of the value of the infringement action: EUR 3 million for the action, EUR 4.5 million for the counterclaim, EUR 7.5 million in total (paragraph 1). The partial withdrawal relating to direct infringement was allowed without objection. Decisions on extending the claim and counterclaim, admitting further auxiliary requests, rejecting late submissions and Scandit’s Rule 36 application were left to the hearing (paragraph 2). Exhibits in English need not be translated, and the parties may use slides provided they are served by 24 April 2025 and go no further than their written pleadings.
Key points for practice
- The 150% rule for valuing a counterclaim for revocation applies where no more precise information is available.
- Practical point: hearing slides must be served in advance and confined to arguments already made in writing.
Provisions applied
- Rules of Procedure
- Rules 36, 105.5, 263 and 333
- Case law cited
- No UPC decision is cited.
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.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantScandit AG6 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic application
- Outcome (Dhenne Avocats summary)
- La valeur est fixée à 3 millions d'euros pour l'action et 4,5 millions pour la demande reconventionnelle en nullité, le désistement partiel est admis et plusieurs questions sont renvoyées à l'audience.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 3 866 051mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 866 051 | Mentioned in the analysis (role not qualified) Also mentioned in 6 other decision(s): Scandit v Hand Held Products (CoA, 18 April 2025) · Hand Held Products v Scandit (CoA, 31 March 2025) · Hand Held Products v Scandit (CFI, 18 March 2025) · Hand Held Products v Scandit (CoA, 11 December 2024) · Scandit v Hand Held Products (CoA, 1 November 2024) · Hand Held Products v Scandit (CFI, 27 August 2024) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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