Samsung lands another win with Pentarc in dispute with Maxell

Yesterday the Munich local division handed down a judgment concerning EP 2 403 266. The patent protects a “portable terminal, information processing apparatus, content display system and content display method”. Like the other two patents-in-suit it relates to so-called cast technology, allowing content viewed on a mobile phone to be transmitted to a second device such as a TV set, with the option of transmitting it back later.

The judges panel, consisting of presiding judge Matthias Zigann, judge rapporteur Stefan Johansson, Tobias Pichlmaier as third legally qualified judge, and technically qualified judge Hergen Kapels, found the patent lacked novelty and inventive step. They revoked it in its entirety.

Three patents revoked

It is the third patent in the series of proceedings at the UPC that Maxell has lost in a counterclaim for revocation launched by defendant Samsung in reaction to an infringement action.

In May, the Munich local division had already revoked another Maxell patent, EP 2 579 587, in its entirety and dismissed a parallel infringement action targeting a broad range of Galaxy smartphones and tablets, including the Galaxy S25, S24, Z, A, XCover series as well as several Galaxy Tab models.

In August the UPC’s local division The Hague concluded that a claim of EP 2 061 230 as granted was fully anticipated by a US prior art document. This discloses a comparable throw-and-catch functionality between an operation control apparatus and a display-playback apparatus. The court also revoked the patent.

Maxell appealed the first decision regarding EP 587 and has time until early October to file appeal in case of EP 230. According to research by JUVE Patent, the claimant will appeal yesterday’s decision by the local division Munich as well as the one dating August by the court in The Hague.

Trusted teams

As in the other two cases in the series, Maxell relied on Mayer Brown, with partner Christoph Crützen in the lead. He has acted for the client before in national proceedings, for example against Apple, Xiaomi, and ZTE. The team in the UPC proceedings included counsel Benjamin Beck, as well as associates Alexander Balan and Svenja Schenk. Patent attorneys Thomas Hell and Rudolf Reichold of Bosch Jehle provided technical advice.

Samsung once again retained patent boutique Pentarc. Partner Christian Lederer led the team, which included partner Jan Phillip Rektorschek as well as lawyers Tobias Baus, Julia Fischer, and Verena Brusius. Patent attorneys Christoph Hewel, Martin Kuschel, and Moritz Müller-Roden of Paustian & Partner advised the technical side of the case.