UPC_CFI_189/2025 – Samsung v ZTE
- Court
- Local Division Mannheim
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Value of the case The JR considers that the value of the dispute is largely underestimated because this is a standard essential patent (“SEP”) case in which all 5G mobile devices are attacked. The JR sets the value of the case at € 4 million (instead of € 500.000) on a preliminary basis, and orders Samsung to pay € 26.000 extra in court fees. Comment The UPC is a self-financing system, so you should pay the fair price for its services and not try to get more than one is paying for!
Full Decision Text
1 Mannheim Local Division UPC_CFI_189/2025 Order of the Court of First Instance of the Unified Patent Court issued on 28 May 2025 concerning EP 4 050 804 (value in dispute) CLAIMANT: Samsung Electronics Co., Ltd - 129 Samsung-Ro, Yeongtong-Gu - 16677 - Suwon City, Gyeonggi- represented by Thomas Musmann DEFENDANTS: 1) ZTE Deutschland GmbH - Fritz-Vomfelde-Straße 26-30 - 40547 - Düsseldorf - DE represented by Thomas Lynker 2) ZTE France SASU - 27-33 Quai Alphonse Le Gallo - 92100 - Boulogne-Billancourt - FR represented by Thomas Lynker 3) ZTE Netherlands B.V. - Maanplein 20, TP8 - 2516CK - Den Haag - NL represented by Thomas Lynker PATENT AT ISSUE: European patent EP 4 050 804 PANEL/DIVISION: Panel of the Local Division in Mannheim DECIDING JUDGES: 2 This order was issued by the legally qualified judge Böttcher acting as judge-rapporteur. LANGUAGE OF THE PROCEEDINGS: English SUBJECT OF THE PROCEEDINGS: infringement action – value in dispute REASONS FOR THE ORDER: The value of the dispute is largely underestimated taking into consideration the commercial background of the infringement action attacking all standard-essential 5G mobile devices of the opponent and the general FRAND rate discussion between the parties on which the injunctive relief sought will have economic bearing. Therefore the value of the infringement action is set to 4.000.000 € on a preliminary basis. Thus, the Claimant as to pay an additional advance on fees in the amount of 26.000 € (regular fee for 4 Mio € 37.000 €; already paid: fixed fee of 11.000 € based on 500.000 € sum in dispute). ORDER: 1. The value of the infringement action is set to 4.000.000 € on a preliminary basis. 2. The Claimant is ordered to pay an additional advance on fees in the amount of 26.000 €. ORDER DETAILS Order no. ORD_25572/2025 in ACTION NUMBER: ACT_10257/2025 UPC number: UPC_CFI_189/2025 Action type: Infringement Action Issued in Mannheim on 28 May 2025 NAME AND SIGNATURE Böttcher Judge-rapporteur
Key Holdings
- Litigation value increased from €500k to €4 million.
- SEP case attacking all 5G devices justified higher value.
- Additional court fees ordered.
Tags
- Court Fees
- FRAND
- Litigation Value
- Standard Essential Patents