UPC_CFI_496/2025 – Headwater v Samsung
- Court
- Local Division Düsseldorf
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Too much work? Correction of an order of 29 September 2025 initiated by the Court itself because it contained a clerical and a calculation error. Comment 1. Another sign that the hard-working judges in the German Divisions have too much work because users of the system are not willing enough to file in other Divisions, even though that this is very often possible. Some German representatives seem not to mind overburdening the German Divisions because they only think about their own interests or are afraid to travel to unfamiliar countries for the oral argument, still not understanding that they no longer live in Germany, but in the territory of the UPC! 2. Although I have suggested several times that each Legally Qualified Judge should be allowed to select a graduate of a University each year to act as their clerk and help with research, calculations and all kind of other tasks that distract the judge from their main duties, this has not been implemented yet. If you ask why, administrative and labor law-related issues are raised instead of finding a way to overcome them. We have a saying “Where there is a will, there is a way”!
Full Decision Text
Local Division Düsseldorf UPC_CFI_496/2025 Order of the Court of First Instance of the Unified Patent Court issued on 2 October 2025 concerning EP 3 110 072 B1 CLAIMANT: der Headwater Research LLC, represented by the member of the Managing Board, Dr Gregory Raleigh, 110 North College Avenue, Suite 1116, Tyler, TX 75702, USA, represented by: Attorney-at-law Philipp Rastemborski, EISENFÜHR SPEISER, Gollierstraße 4, 80339 München electronic address for service: prastemborski@eisenfuhr.com DEFENDANTS: 1) Samsung Electronics Co. Ltd., represented by its Chairman Herrn Lee Jae-yong, 129, Samseong-ro Yeongtong-gu Suwon-si, Gyeonggi-do 16677, Republic of Korea, 2) Samsung Electronics GmbH, represented by its CEO Man Young Kim, Frankfurter Straße 2, 65760 Eschborn, Germany, 3) Samsung Electronics France, S.A.S., represented by its CEO Menno Van Den Berg, 6 Rue Fructidor, 93400 Saint-Quen-Sur-Seine, France, 4) Samsung Electronics Benelux B.V., represented by its CEOs Choon Young Park, Ji Hoon Lee und Jeewook Kim, Evert van de Beekstraat 310, 1118 CX Schiphol, The Netherlands, 5) Samsung Electronics Italia S.p.A., represented by its CEO Wonhee Kim, Via Mike Bongiorno 9, 20124 Milan, Italy - represented by: Attorney-at-law Dr Mirko Weinert, Attorney-at-law Köhler, Hoyng ROKH Monegier, Steinstraße 20, 40212 Düsseldorf, electronic address for service: mirko.weinert@hoyngrokh.com 1 PATENT AT ISSUE: European patent no. 3 110 072 PANEL/DIVISION: Panel of the Local Division Düsseldorf DECIDING JUDGES: This order was issued by Presiding Judge Thomas, legally qualified judge Dr Thom acting as judge- rapporteur and legally qualified judge Mlakar. LANGUAGE OF THE PROCEEDINGS: English SUBJECT OF THE PROCEEDINGS: R. 353 RoP – rectification of decision GROUNDS FOR THE ORDER: On its own motion, the Court rectifies paragraph 6 of the order in the decision of 29 September 2025 because it contains a clerical error and a calculation error. ORDER: Paragraph 6 of the order in the decision of 29 September 2025 is corrected to read as follows: “The Registrar is directed to reimburse the Claimant 60 % of the court fees paid as soon as possible, which amounts to € 14,400.” DETAILS OF THE ORDER : UPC number: UPC_CFI_496/2025 Type of procedure: Patent infringement 2 Issued on 2 October 2025 NAMES AND SIGNATURES Ronny Digital unterschrieben von Presiding Judge Thomas Ronny Thomas Thomas Datum: 2025.10.02 14:37:19 +02'00' Anna Digital unterschrieben von Legally Qualified Judge Dr Thom Bérénice Anna THOM Bérénice Dr. Dr. THOM Datum: 2025.10.02 11:06:33 +02'00' Legally Qualified Judge Mlakar MOJCA Digitalno podpisal MOJCA MLAKAR MLAKAR Datum: 2025.10.02 13:17:44 +02'00' Digital unterschrieben von Rachida Rachida Boudra-Seddiki For the Sub-Registrar Boudra-Seddiki Datum: 2025.10.02 12:56:04 +02'00' 3
Key Holdings
- Sua sponte correction of 29 Sept 2025 order.
- Correction of clerical and calculation errors.
Tags
- Clerical Error
- Court Workload
- Rectification