2026-10-08 - LD Munich - Ax Wireless v. Xiaomi - UPC_CFI_676/2025
- Aktenzeichen:
- UPC_CFI_676/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- AX Wireless, LLC v. Xiaomi Inc., Xiaomi Corporation, Xiaomi Technology Germany GmbH, Xiaomi Technology Netherlands B.V
Kernaussage: The Munich LD judge-rapporteur granted the defendants a refund of EUR 4,900 of the EUR 19,900 they had paid, as a precaution, for a counterclaim for revocation lodged in January 2026.
2026-10-08 - LD Munich - Ax Wireless
v.
Xiaomi - UPC_CFI_676/2025
notable
The Munich LD judge-rapporteur granted the defendants a refund of EUR 4,900 of the EUR 19,900 they had paid, as a precaution, for a counterclaim for revocation lodged in January 2026. The amended Table of Court Fees applies under Art. 5 of the Administrative Committee's decision of 4 November 2025 to actions and applications filed after 31 December 2025, but the Table also provides that the counterclaim fee is the same as the fee for the infringement action. Because that equality rests on the procedural relationship between the two actions and on fairness to both parties, the counterclaim fee follows the old Table applicable to an infringement action filed in July 2025, so the defendants owed EUR 15,000. The judge-rapporteur distinguished the Court of Appeal's rule that, for a refund on withdrawal, the date of the withdrawal application determines which version of R. 370.9 RoP applies.