UPC_CFI_196/2025 – Maxwell v Samsung
- Court
- Local Division Munich
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Date of Statement of Defence The Judge-Rapporteur There are 4 different defendants who were served at different times. The Korean company (defendant 1) has not been served. However, the representative for the other Samsung companies stated that defendant 1 will appear in Court if the proposed date for filing the defence for all defendants is accepted. The JR decides to set the date for the answer at the proposed date. Comment It is wise to streamline the different dates for the Statement of Defence (and to require one Statement of Defence for all defendants) and especially to ensure that a non-EU defendant appears on reasonable notice. We have seen this streamlining happen before, and it shows the advantage of early participation by a hands-on JR.
Full Decision Text
Procedural Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 23 April 2025 CLAIMANT Maxell, Ltd. 1 Koizumi - 618-8525 - Oyamazaki, Oyamazaki-cho, Otokuni-gun, Kyoto - JP represented by: Benjamin Beck (Mayer Brown LLP) DEFENDANTS (APPLICANTS) 1) Samsung Electronics Co., Ltd. 129 Samsung-Ro - 16677 - Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do - KR 2) Samsung Electronics GmbH Frankfurter Straße 2 - 65760 - Eschborn - DE 3) Samsung Electronics France, S.A.S. 6 rue Fructidor - 93484 - Saint-Ouen - FR 4) Samsung Electronics Benelux B.V. Evert van de Beekstraat 310 - 1118 CX - Schiphol - NL Local Division Munich UPC_CFI_196/2025 UPC_CFI_196/2025 2 5) Samsung Electronics Italia SpA. Via Mike Bongiorno 9 - 20124 - Milan - IT represented by: Christian Lederer (Taylor Wessing PartGmbB) PATENT AT ISSUE European patent n° 2 403 266 PANEL/DIVISION Panel 1 of the Local Division Munich DECIDING JUDGE/S This order has been issued by the Presiding Judge Dr. Matthias Zigann acting as judge-rapporteur. LANGUAGE OF THE PROCEEDINGS English SUBJECT-MATTER OF THE PROCEEDINGS Generic procedural application (R9) - App_19188/2025 UPC_CFI_196/2025 REQUEST Samsung requests: to set the deadline for the Statement of Defence until and including 5 August 2025 for all Defendants uniformly. Samsung argues: Claimant`s Statement of Claim in particular has not yet been served to Defendant 1 in Korea. It is to be assumed that service to Korea will still take some weeks. In addition, the further Defendants were served at different dates. It is therefore appropriate to harmonize the deadline regime Undersigned has been informed by the Defendants represented in this Request that remaining Defendants, in particular Defendant 1, will agree to the herewith requested deadline regime and to be represented by Undersigned. Claimant and Defendants have already agreed to a virtual service date for all Defendants on 5 May 2025 which is herewith assured. This agreed virtual service date results in a deadline for the Statement of Defence of 5 August 2025 for all Defendants. GROUNDS FOR THE ORDER Following the agreement between the parties a uniform service date is set to 5 May 2025. The deadline for filing a Statement of Defence is set to 5 August 2025 for all Defendants uniformly. ORDER The request is granted. UPC_CFI_196/2025 3 INSTRUCTIONS TO THE REGISTRY As service date for all defendants 5 May 2025 is to be entered into the CMS. UPC representative for defendants is to be provided with all missing access codes. Dr. Zigann Presiding Judge DETAILS OF THE ORDER Order no. ORD_19329/2025 in ACTION NUMBER: ACT_10550/2025 UPC number: UPC_CFI_196/2025 Action type: Infringement Action Related proceeding no. Application No.: 19188/2025 Application Type: Generic procedural Application
Key Holdings
- Deadlines for Statement of Defence harmonized for multiple defendants.
- Korean defendant agreed to appear without service in exchange for agreed date.
Tags
- Case Management
- Service
- Time Limits