ZTE and Samsung withdraw UPC infringement actions in apparent settlement

Judge-rapporteur Tobias Sender has closed the proceedings in two parallel UPC cases at the Mannheim local division. While the decisions do not confirm a settlement, mutual withdrawals of this scope and without any cost applications typically indicate that the parties have resolved their dispute out of court. Parallel proceedings have been pending at the Regional Court Munich, in UK and China. According to JUVE Patent research, the cases at Regional Court Munich have also been withdrawn, although official confirmation from the court is still pending.

A global battle

The withdrawals very likely indicates the end to a global patent battle that began at the end of 2024, after an existing licence agreement between ZTE and Samsung expired without renewal. Samsung initially filed suit at the UK High Court in December 2024, asking the court to set a FRAND rate for ZTE’s global cellular portfolio. The Korean company also filed a contract formation claim regarding FRAND terms at Frankfurt Regional Court.

ZTE responded by filing patent infringement actions in China, Germany and at the UPC. The Chinese manufacturer brought two infringement actions at the Mannheim local division, while Samsung countered in early 2025 with two of its own UPC actions, also in Mannheim. The parties additionally sued each other at Munich Regional Court, with two cases pending before the 7th Civil Chamber and two before the 21st Civil Chamber, as well as in Brazil and the US.

Intermediate decisions had produced a mixed scorecard. In April 2026, the Mannheim local division revoked ZTE’s  EP 3 905 730 for added matter and dismissed the corresponding infringement action. In the parallel proceedings concerning Samsung’s EP 4 096 288, the EPO Opposition Division had revoked the patent, prompting the Mannheim panel to suspend the infringement case.

At Munich Regional Court, the 7th Civil Chamber granted ZTE an injunction over EP 2 654 356 in April 2026. In this case, the 7th Civil Chamber presided over by Oliver Schön last summer set out a new approach to FRAND proceedings.

The 21st Civil Chamber either dismissed or suspended Samsung’s and ZTE’s further national actions.

FRAND rulings in parallel jurisdictions

A central element of the dispute had been the parallel FRAND rate-setting proceedings in the UK and China. In spring 2026, UK judge Richard Meade set a lump sum of $392m for Samsung’s use of ZTE’s global portfolio, lying between the parties’ positions. On the same day, the Chongqing First Intermediate People’s Court found that ZTE’s pricing offer complied with FRAND principles.

The UK judgment had drawn attention for Meade’s criticism of what he described as a “dysfunctional system” caused by the absence of a dispute resolution mechanism within the ETSI rules. The Mannheim local division, meanwhile, had declined jurisdiction over Samsung’s FRAND counterclaim in favour of the earlier-seized Frankfurt Regional Court, which had already dismissed a separate antitrust claim brought by Samsung against ZTE in February 2025.

The dispute had also seen Samsung obtain, and ZTE challenge, an interim licence from the UK High Court, as well as a withdrawn ETSI complaint by Samsung against ZTE under clause 8.2 of the ETSI IPR Policy.

Double bill for both

Each of the parties instructed two teams in Germany and one in the UK.

ZTE relies on core advisors Taliens and Vossius & Partner. Each firm was handling active and passive cases at the UPC and Munich Regional Court, while cooperating on all the questions regarding FRAND. While Taliens lead the national cases at the 7th Civil Chamber, Vossius was in charge of the proceedings at the 21st Civil Chamber.

The Vossius team consists of litigation partner Georg Rauh, as well as lawyers Zhuomin Wu and Roman Scheibe. Vossius patent attorneys Christian Sandweg, Thomas Schwarze and Ingo Lummer were involved in all German and UPC cases, being in charge of the technical side of the proceedings. At the UPC, Jonathan Santman of Brinkhof was also part of the team from alliance Vossius Brinkhof UPC Litigators.

The Taliens team consists of lead partner Thomas Lynker as well as Christian Werner, Thomas Reithmann, and Evelyn Höfer. In the proceedings at Frankfurt Regional Court, Monika Stöhr assists Lynker.

In London, Powell Gilbert around Ari Laakkonen represented ZTE, while antitrust boutique Commeo acted in the Frankfurt proceedings. Juliane Buchinski coordinated the global litigation in-house at ZTE.

A&O hand in hand with Rospatt

Samsung relied on two external firms in Germany and at the UPC. Hetti Hilge of Düsseldorf-based Rospatt led the defence in the Mannheim proceedings, with partners Thomas Musmann and André Sabellek also involved.

A&O Shearman, led by Munich partners Jan Ebersohl and Denise Benz, took the lead in defending Samsung against ZTE’s infringement claims.

In London, Nicola Dagg of Kirkland & Ellis coordinated the global litigation for Samsung. Patent attorney Joel Nägerl of Zimmermann & Partner advised on the technical side of the cases.