UPC_CFI_2094/2026 – Qord v Samsung

Court
Local Division The Hague
Date
Outcome
Granted
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Alignment Facts Parties agreed on an alignment of the date for the Statement of Defence and Counterclaim for revocation, with a voluntary appearance of defendant 1. The JR The Judge-Rapporteur (“JR”) confirmed the deadline for lodging Defence and Counterclaim for all defendants at 26 October 2026. Comment It means in fact that some defendants get three months as of now, while the other defendants get a longer term. The claimants know that if they file against multiple defendants, especially from one group, they may expect such an alignment game if there is a defendant in a country where service is more difficult and/or time-consuming. This all means that defendants often get (much) more time to prepare their defence/counterclaim. Moreover, as to the efficiency of service, they are in the hands of the Registry. It would, as I have already advocated, better to leave this to the parties.

Full Decision Text

Local Division The Hague UPC-CFI-0002094/2026 Procedural Order delivered on 30/07/2026 Patent no. EP2047617 **CLAIMANT** 1) Qord IP Protection LLC 16690 Collins Ave, Suite 1001, 33160, Sunny Isles Beach, United States of America **DEFENDANTS** 1) SmartThings, Inc. Represented by Ralph Nack Represented by Jan Ebersohl 665 Clyde Avenue, Suite 304, 94043, Mountain View United States of America 2) Samsung Electronics Co., Ltd. Represented by Jan Ebersohl 129, Samsung-Ro, 16677, Suwon-Si, Korea 3) Samsung Electronics GmbH Represented by Jan Ebersohl Frankfurter Straße 2 65760 Eschborn, Germany 4) Samsung Electronics Benelux B.V. Represented by Jan Ebersohl Evert van de Beekstraat 310, 1118 CX, Schiphol, Netherlands **PATENT AT ISSUE** Patent no. EP2047617 Proprietor/s IMPRENDITORE PTY LIMITED **DECIDING JUDGE** Judge-rapporteur Van Peursem **LANGUAGE OF PROCEEDINGS:** English **POINTS AT ISSUE/GROUNDS** 1. On 28 July 2026 Dr. Ebersohl issued a communication to the court stating parties have agreed upon the following. 2. Subject to the condition that the dates for the Statement of Defence (SoD)/Counterclaim for revocation (CCfR) for all defendants are aligned on 26 October 2026, Defendant 1 will voluntarily appear and will be represented also by Dr. Ebersohl. 3. Upon communication from the judge-rapporteur dated 29 July 2026 asking Dr. Nack to confirm said agreement, Dr. Nack confirmed accordingly by communication to the court of the same date. 4. Given said agreement between the parties on these points 1) Dr. Ebersohl will hence be considered as representative of Defendant 1 in these proceedings as well and 2) the judge-rapporteur confirms the proposed alignment of the dates for all Defendants by order pursuant to R.9.3 RoP. **ORDER** 1. The deadline for lodging the Statement of Defence according to R.23 RoP and the Counterclaim for revocation according to R.25.1 RoP is 26 October 2026 for all defendants. Robert van Peursem, Judge-rapporteur

Key Holdings

  • The Judge-Rapporteur can confirm aligned deadlines for defence and counterclaims in multi-defendant cases.
  • Voluntary appearance of a defendant can influence the alignment of procedural deadlines.
  • Claimants should anticipate requests for deadline alignment when suing multiple defendants, especially if service is complex for some.
  • Procedural alignment can result in defendants receiving extended time for preparing their defence and counterclaims.
  • The Registry's role in service efficiency significantly impacts procedural timelines in multi-party litigation.

Tags

  • Procedural Law
  • Case Management
  • Time Limits
  • Service
  • Multi-Party Litigation

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