Düsseldorf Local Division
UPC_CFI_320/2024

Decision
of the Court of First Instance of the Unified Patent Court
issued on 30 September 2025
concerning EP 3 110 069 B1

CLAIMANT:
Headwater Research LLC, represented by the Member of the Managing Board, Mr. Dr. Gregory Raleigh, 110 North College Avenue, Suite 1116, Tyler, TX 75702, USA
represented by: Dr. Michael Schneider and Jochen Ehlers, EISENFÜHR SPEI-SER, Gollierstraße 4, 80339 Munich, Germany
electronic address for service: mschneider@eisenfuhr.com

DEFENDANTS:
1. Samsung Electronics GmbH, represented by its CEO Man Young Kim, Am Kronberger Hang 6, 65824 Schwalbach/Taunus, Germany
2. Samsung Electronics France, S.A.S., represented by its CEO Menno Van Den Berg, 6 Rue Fructidor, CS 2003, 93400 Saint-Quen-Sur-Seine, France
3. Samsung Electronics Benelux B.V., represented by its CEOs Choon Young Park, Ji Hoon Lee and Jeewook Kim, Evert van de Beekstraat 310, 1118 CX Schiphol, The Netherlands
4. Samsung Electronics Co. Ltd., represented by its Chairman Mr. Lee Jae-yong, 129, Samseong-ro Yeongtong-gu Suwon-si, Gyeonggi-do 16677, Republic of Korea
all Defendants represented by: Dr. Martin Köhler, Hoyng ROKH Monegier, Stein-straße 20, 40212 Düsseldorf, Germany
electronic address for service: martin.koehler@hoyngrokh.com

PATENT AT ISSUE:
European patent n° 3 110 069 B1

PANEL/DIVISION:
Panel of the Local Division in Düsseldorf

DECIDING JUDGES:
This decision was issued by Presiding Judge Thomas, legally qualified Judge Dr Thom acting as judge-rapporteur, legally qualified Judge Agergaard and technical qualified Judge Augarde.

LANGUAGE OF THE PROCEEDINGS: English

SUBJECT OF THE PROCEEDINGS: R. 265 RoP

SUMMARY OF THE FACTS:
The parties initially brought an infringement action and a counterclaim for revocation to the Court.
By decision of 30 July 2025 the Court dismissed the infringement action and revoked the patent in suit to the extent of claim 1. Before the time period for appeal expired, the Defendants withdrew their counterclaim and the application for a cost decision (UPC_CFI_820/2025 and UPC_CFI_833/2025) by brief dated 29 September 2025 and requested that the each party shall bear their own costs as consequence of the Court´s decision on 26 September 2025. The Claimant had already consented to the withdrawal of the counterclaim and the application for a cost decision beforehand by brief dated 18 September 2025.

GROUNDS FOR THE DECISION:
The decision follows the parties’ jointly expressed will.
According to the Court of Appeal, an application to withdraw the counterclaim of revocation is admissible in case there is no final decision in view of a pending appeal (CoA_569/2024, Order of 24 February 2025, Dexom ./. Abbott). The same applies in cases where the time period for appealing the decision of the Court of First Instance has not yet expired. In view of the parties´ consents, they cannot be considered to have a legitimate interest in the counterclaim of being appealed, and the application to withdraw the counterclaim can thus be permitted. Following the Court of the Appeal, the Court also considers the decision of 30 July 2025 regarding the counterclaim including the decision on costs to become ineffective with the closure of the proceedings.
Pursuant to R. 265.2(c) RoP, the parties bear their own costs with regard to the counterclaim of revocation following the mutually request of the parties.

DECISION AND ORDERS:
1. The withdrawal of the counterclaim of revocation is allowed at the application of the Defendants and with the consent of the Claimant.
2. The proceedings referred to in point 1. are declared closed.
3. This decision shall be entered in the register.
4. Each party shall bear their own costs with regard to the counterclaim of revocation.
5. The value in dispute for the counterclaim of revocation is set at € 3,000,000.

Issued in Düsseldorf on 30 September 2025