UPC_CFI_54/2024

Munich Local Division found that European Patent 2 391 947 (Headwater, relating to Android device network management) is invalid in all forms including as amended. The panel cancelled the second oral hearing planned for September 2025, indicating the patent was found invalid both as granted and in all amended forms proposed by Headwater. The infringement action was therefore dismissed.

Procedural order issued by the Munich Local Division following the Interim Conference of 28 February 2025 in two consolidated infringement actions by Headwater Research LLC against Samsung. The order addressed procedural matters including inadmissibility of Samsung's invalidity attack under Art. 138(1)(e) EPC, the standing-to-sue issue, treatment of a witness statement, and admissibility of late-filed documents ZP8-ZP9. No substantive ruling on infringement or validity.

Procedural order on Samsung Electronics entities' application for security for costs (Rule 158 RoP) against Claimant Headwater Research LLC, a US-based patent assertion entity. Applying the CoA standard that the claimant's financial position must give rise to legitimate and real concern about recoverability of a potential cost order, the court assessed whether EUR 200,000 security was appropriate.