Local Division Düsseldorf on Extension of Deadlines (I)

– a reasonable approach for a case with a high number of international defendants


Case Overview

The Local Division in Düsseldorf issued a procedural order, regarding a patent infringement case involving European Patent EP 3 490 258 B1. The plaintiff is Dolby International AB, and the defendants include various subsidiaries of HP.

Dolby International AB filed an infringement action against fifteen HP entities, predominantly based abroad. The process of effectively serving these international defendants presented significant procedural complexities.

The Court decided to extend procedural deadlines due to challenges in serving the defendants. The defendants' legal representatives agreed to accept service on behalf of all defendants, which necessitated a slight extension of deadlines for filing opposition and lawsuit responses.


The order of the Division

The Court sets uniform deadlines for all defendants:

The opposition filing deadline is extended to February 15, 2024. The deadline for responding to the lawsuit is extended to May 3, 2024. The Division acknowledged the appointment of the same legal representatives for all defendants. For those yet to be served, January 12, 2024, was designated as the service date in the Case Management System (CMS), with the appointment document serving as the proof of service.

The Court's decision to extend deadlines and adjust procedures was obviously driven by the need to manage efficiently a case involving multiple international defendants. These adjustments, agreed upon by both parties, were aimed at ensuring an efficient and fair trial process.



This order by the Local Division of the Unified Patent Court in Düsseldorf seems to be a sensible response to the complexities of international service in patent litigation, balancing the need for efficient case management with the rights and interests of both parties.


Our Takeaways

  • Efficient Case Management in Düsseldorf: The order demonstrates the UPC’s commitment to efficient case management, particularly in complex cases involving multiple international defendants, by uniformly extending procedural deadlines.
  • Facilitation of International Service: The decision reflects the UJPC's pragmatic approach to addressing service challenges in international patent litigation, ensuring fair and streamlined proceedings for all parties involved.