Developing Story
UPC – Samsung vs. ZTE FRAND Jurisdictional Ruling (2026)
The UPC gave Frankfurt court priority for Samsung's FRAND counterclaim while revoking ZTE's patent EP 3 905 730 in the first of three UPC hearings between the parties. The ruling is among the first UPC decisions to address FRAND rate-setting jurisdiction and creates an emerging forum hierarchy within the new European patent court. It has significant implications for SEP licensing strategy globally.
Importance: 75%Confidence: 88%Mentions: 1Updated: May 1, 2026
## UPC – Samsung vs. ZTE FRAND Jurisdictional Ruling (2026)
### Overview
The Unified Patent Court (UPC) gave the Frankfurt court priority in Samsung's FRAND counterclaim while simultaneously revoking a ZTE patent (EP 3 905 730) in a March 18, 2026 hearing at the Mannheim local division (JUVE Patent, undated). The ruling has significant implications for FRAND rate-setting jurisdiction at the UPC.
### Key Facts
- **Mannheim local division** heard ZTE's infringement action on March 18 — the first of three UPC hearings between ZTE and Samsung (JUVE Patent, undated)
- Presiding judge **Peter Tochtermann** addressed FRAND rate-setting during the hearing (JUVE Patent, undated)
- Samsung had filed a **FRAND counterclaim** in late 2025 (JUVE Patent, undated)
- The UPC gave **Frankfurt court priority** for Samsung's FRAND claim (JUVE Patent, undated)
- **EP 3 905 730** (ZTE's patent) was revoked in the same proceedings (JUVE Patent, undated)
### Legal Significance
This is among the first UPC decisions addressing FRAND rate-setting jurisdiction — a critical question for the global SEP/FRAND litigation ecosystem. The decision to give Frankfurt priority over Mannheim for FRAND rate-setting creates a potential forum hierarchy within the UPC system for licensing disputes.
### Context
The existing wiki pages on DOJ Position on SEP/RAND Antitrust Claims and UPC Court of Appeal Preliminary Injunction Jurisprudence document the broader evolving legal landscape. The ZTE-Samsung dispute at the UPC represents the leading edge of how Europe's new patent court will handle the complex intersection of infringement, FRAND licensing, and revocation proceedings.
### Strategic Implications
- **SEP holders**: Frankfurt emerging as preferred FRAND rate-setting venue within UPC system
- **Standards implementers**: Simultaneous revocation proceedings create leverage for defendants
- **Chinese tech companies**: ZTE's patent revocation in EU proceedings signals European courts' willingness to scrutinize Chinese SEP portfolios
- **Licensing strategy**: Multi-jurisdictional FRAND disputes increasingly need UPC-specific strategy
### Open Questions
- Whether Frankfurt's FRAND rate-setting role will be confirmed by UPC Court of Appeal
- Outcome of remaining two ZTE-Samsung UPC hearings
- Whether the ruling attracts other major SEP disputes to Frankfurt