ARTICLE
15 June 2026

LD Munich, June 11, 2026, Order Of The Court Of First Instance, UPC_CFI_1321/2025

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Bardehle Pagenberg

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Deadline extensions RoP are assessed strictly: party consent does not bind the Court where the extension would jeopardise hearing preparation
Germany Intellectual Property
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1. 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.

2. Division

Local Division Munich

3. UPC number

UPC_CFI_1321/2025

UPC_CFI_1340/2026

4. Type of proceedings

Infringement action and Counterclaim for revocation

5. Parties

Claimant: Advanced Standard Communication LLC

Defendants:

  • XIAOMI Inc.
  • XIAOMI Communications Co. Ltd.
  • XIAOMI Technology Netherlands B.V.
  • XIAOMI Technology Germany GmbH

6. Patent(s)

EP 3 016 464 B1

7. Jurisdictions

UPC

8. Body of legislation / Rules

Rule 9.3 RoP.

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