Local division Mannheim holds single day hearing for ZTE vs Samsung

The global SEP dispute with ZTE has not gone well for Samsung so far. The South Korean mobile phone giant has not managed to prevail with an application for an interim licence in the UK. Furthermore, Frankfurt Regional Court recently dismissed an antitrust action against ZTE. And now, according to JUVE Patent sources, Samsung has likely received unfavourable indications from the European Patent Office’s Opposition Division regarding the validity of EP 4 096 288.

The patent was the basis for one of Samsung’s lawsuits at the UPC in the global dispute with ZTE over a global licence for 4G and 5G. The local division Mannheim under presiding judge Peter Tochtermann has now provisionally suspended the proceedings until the validity of EP 288 has been clarified (case ID: UPC_CFI_188/2025).

From three to one

The local division had planned a double hearing for today and tomorrow. The programme initially included one infringement claim from ZTE and one from Samsung. Following the latest developments, the Mannheim local division will now only hear ZTE’s infringement action regarding EP 3 905 730 (case ID: UPC_CFI_850/2024).

The patent protects a system information transmission method and device. In addition to the infringement of EP 730, the question of whether both parties have behaved in a FRAND-compliant manner with their offers is also on today’s agenda. This is common practice in major SEP battles. In addition, Samsung filed a FRAND counterclaim in late 2025, which is also on today’s agenda.

The panel headed by Peter Tochtermann and including Dirk Böttcher and Carine Gillet has planned plenty of time for the FRAND part of the programme. Klaus Loibner also sat on the panel as a technically qualified judge.

The hearing is part of a multi-jurisdictional dispute between the two Asian headset makers that started back in 2024. Originally it kicked off with two FRAND complaints by Samsung.

Back in 2024

Shortly before Christmas 2024, after ZTE and Samsung did not extend an existing licence agreement, Samsung filed suit at the UK High Court as well as the antitrust action that Frankfurt Regional Court recently dismissed. The Korean mobile phone giant asked the UK court to set a FRAND rate for ZTE’s global cellular portfolio (case ID: HP-2024-000044).

In Frankfurt, Samsung had filed a contract formation claim regarding FRAND, requesting that ZTE be convicted of market dominance as the company refused to grant Samsung a FRAND licence. However, Samsung did not prevail.

ZTE reacted swiftly by filing patent infringement suits against Samsung in China, Germany and at the UPC. The company filed two lawsuits at the UPC local division Mannheim (case ID: UPC_CFI_847/2024 and UPC_CFI_850/2024). In February 2025, Samsung countered with two UPC actions against ZTE (case IDs: UPC_CFI_189/2025 and UPC_CFI_188/2025).

FRAND at the centre

Furthermore, the parties are going head-to-head at Munich Regional Court. ZTE and Samsung each filed two lawsuits, one each at the 7th Chamber and the 21st Chamber. The latter chamber has already heard a first case in February where FRAND played an important role.

The two opponents are also facing off at the EPO, in Brazil and the US. In the US, for example, Samsung filed a FRAND and antitrust complaint against ZTE. In China, ZTE had brought proceedings against Samsung for the same purpose in Chongqing Court.

Today, the UPC is hearing this dispute for the first time. FRAND issues have recently been at the centre of disputes at other courts. In June 2025, the UK High Court granted an interim licence to Samsung. But in October, the UK Court of Appeal overturned the ruling and allowed an appeal against the finding of bad faith against ZTE by the first-instance court (case ID: CA-2025-001926).

The UK High Court heard the main FRAND trial in early 2026.

A&O Shearman front and centre

Both sides are working with two teams in the German and UPC cases. Samsung’s regular counsel Rospatt, for example, handles the active claims for the South Korean client. The team includes partners and lawyers Hetti Hilge, Thomas Musmann and André Sabellek. Due to the shortening of the hearing, their role is now likely to be significantly smaller than planned.

A&O Shearman handles Samsung’s defence against ZTE’s infringement claims. The Munich-based A&O Shearman team around Jan Ebersohl and Denise Benz will thus be at the centre of today’s hearing on behalf of Samsung.

As in almost all German patent proceedings, patent attorney Joël Nägerl of Zimmermann & Partner is also involved in the proceedings against ZTE. The law firm also filed the patent applications for Samsung.

A Kirkland & Ellis team around Nicola Dagg and Steven Baldwin acts for Samsung in the UK proceedings and also coordinates the pan-European litigation.

Taliens for ZTE

ZTE relies on core advisors Taliens and Vossius & Partner. Each firm is handling active and passive cases at the UPC and Munich Regional Court. The Taliens team has fielded today’s infringement claim. The team consists of partner Thomas Lynker as well as Thomas Reithmann and Evelyn Höfer.

The Vossius & Partner team would have had the lead in the now-halted defence case. It consists of Georg Rauh and Kai Rüting as well as lawyers Zhuomin Wu, Roman Scheibe and Jonathan Santman. Vossius patent attorneys Christian Sandweg and Thomas Schwarze are involved in all German and UPC cases. Vossius & Partner also filed the ZTE patents and is responsible for the opposition against Samsung’s EP 288.

In London, ZTE retained IP boutique Powell Gilbert to defend the UK lawsuit. Ari Laakkonen, Pete Damerell and Raj Jagdev lead the team.

Juliane Buchinski, who coordinates ZTE’s in-house litigation in Europe, is reportedly also involved.