Home » UPC decisions » Local Division » Duesseldorf Local Division » LD Dusseldorf, January 19, 2024 order on extension of time limits, UPC_CFI_457/2023

LD Dusseldorf, January 19, 2024 order on extension of time limits, UPC_CFI_457/2023

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Key takeaways

Insofar as R. 9.3 (a) of the Rules of Procedure grants the possibility of extending the time limit for filing an opposition and a statement of defense, this is only to be used in justified exceptional cases. Such an exceptional case was found here, since of the 15 defendants, most of whom are domiciled abroad, service could only be effected on three defendants. Furthermore, the defendants’ representatives agreed to appoint themselves for all defendants and to waive (repeated) service with regard to the defendants who have not yet been served. The order found that the requested, minor extension of the opposition and statement of defense time limit aligns the deadlines for each party and is thus appropriate. Not least, the representatives of the plaintiffs have assured that the plaintiff agrees to the extension.


Local Division Dusseldorf

UPC number


Type of proceedings

Infringement Action


Dolby International AB,

HP Deutschland GmbH,

HP Inc. California 94304, U.S.A,

HP International SARL,

HP Austria GmbH,

HP France SAS,

HP Belgium SPRL,

HP Inc Danmark ApS,

HP Finland Oy,

HP Italy S.r.l.,

Hewlett-Packard Nederland BV,

HP PPS Sverige AB,

HPCP – Computing and Printing Portugal,

Unipessoal, Lda.,

Hewlett-Packard d.o.o.,

Hewlett-Packard Luxembourg SCA,

HP Inc Bulgaria EOOD


EP 3 490 258 B1


Body of legislation / Rules

R. 9.3 (a) RoP

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