Key takeaways
It was agreed that number of invalidity attacks should be limited to five or six and the number of auxiliary requests should be limited to about ten
The large number of invalidity attacks and auxiliary requests were discussed during the interim conference. It was agreed that the parties shall limit their attacks/auxiliary requests
as follows:
Defendants shall limit their invalidity attacks to not more than five or six of the already submitted attacks and specify the parts of their submissions relevant thereto.
The Claimant shall limit their auxiliary requests to about ten of the 34 already submitted auxiliary requests, specify the parts of their submissions relevant thereto and indicate to which attack/s each auxiliary request is a response.
The Defendants shall then limit their attacks on the validity of the auxiliary requests to one or two per auxiliary request (if more are necessary for a specific auxiliary request, they shall explain why) and specify the parts of their submissions relevant thereto.
Division
Local Division Munich
UPC number
UPC_CFI_196/2025
UPC_CFI_665/2025
Type of proceedings
Infringement action & Counterclaim for revocation
Parties
Claimant (infringement)/ Defendant (Counterclaim): Maxwell, Ltd.
Defendants (infringement)/ Claimants (Counterclaim): Samsung Electronics Co., Ltd.; Samsung Electronics GmbH; Samsung Electronics France, S.A.S.; Samsung Electronics Benelux B.V.; Samsung Electronics Italia SpA.
Patent(s)
EP 2 403 266
Body of legislation / Rules
R. 105 RoP, R. 30.2 RoP
