Key takeaways
Deadline extensions RoP are assessed strictly: party consent does not bind the Court where the extension would jeopardise hearing preparation
The Claimant requested a two-week extension of the R. 29(a) RoP deadline. Despite the Defendants’ consent (subject to reciprocity), the Court rejected the request, finding it would jeopardise the proper preparation of the oral hearing.
Notably, the Court considered the expected course of the further proceedings and expected the filing of an application to amend the patent, which will result in three further rounds of written submissions. With the hearing date being set to 11 December 2026, the expected end of the written proceedings will be 26 October 2026. Extending the deadline by two weeks as requested would prolong the written proceedings until 9 November 2026, which the court considers to be too close to the date of the oral hearing.
Division
Local Division Munich
UPC number
UPC_CFI_1321/2025
UPC_CFI_1340/2026
Type of proceedings
Infringement action and Counterclaim for revocation
Parties
Claimant: Advanced Standard Communication LLC
Defendants:
- XIAOMI Inc.
- XIAOMI Communications Co. Ltd.
- XIAOMI Technology Netherlands B.V.
- XIAOMI Technology Germany GmbH
Patent(s)
EP 3 016 464 B1
Jurisdictions
UPC
Body of legislation / Rules
Rule 9.3 RoP
