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2025-05-28 ORD_25572_2025

Source: 
value in dispute, SEP
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Rule 370 – Court fees
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The following text is not a complete transcript of the decision/order:

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:
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

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