Sun Patent Trust v Vivo Mobile Communication (CFI, UPC_CFI_361/2025, 30 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 30 July 2026 issued after the interim conference held by video link on 29 July 2026 (Rule 105.5 RoP), the judge-rapporteur of the Paris Local Division sets the value of Sun Patent Trust’s infringement action against three Vivo companies (UPC_CFI_361/2025, EP 3 852 468) at EUR 5 million and that of the counterclaim for revocation (UPC_CFI_001785/2025) at EUR 5 million, EUR 10 million in total. The order organises the hearing of 9 to 11 September 2026, shared with case UPC_CFI_362/2025, with the FRAND issues reserved to a session not open to the public. For SEP practitioners, its main interest lies in this split between a public technical hearing and a closed FRAND hearing.

Question

Which case management measures should be adopted at the close of the interim conference in an SEP dispute involving a FRAND defence?

Decision

The value of the action, which the defendants did not dispute, is set at EUR 5 million, and that of the counterclaim, by agreement of the parties, at the same amount. By 28 August 2026 the parties must file a consolidated document setting out the operative parts of their requests as at the close of the written procedure and confirm their agreement on the amount of recoverable costs. Since both parties wish the FRAND part to be heard in private because of confidential material, the public hearings of 9 and 10 September 2026 will deal with the technical issues, and the session of 11 September 2026, not open to the public, with FRAND, corrective measures and the interim award sought. The order, whose headings are not numbered paragraphs, lists the main issues for the hearing, including Art. 102 TFEU and Huawei v ZTE.

Key points for practice

• Practical point: the interim conference can secure, by agreement of the parties, a split hearing that keeps the confidential FRAND discussion for a session not open to the public.

Provisions applied

Rules of Procedure

Rules 104, 105.5 and 106

Related decisions

• Sun Patent Trust v Vivo Mobile Communication, 30 July 2026, parallel order of the same day in case UPC_CFI_362/2025 (EP 3 407 524).

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.