Dai Nippon Printing v Zapp (CFI, 28 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 28 April 2026 (UPC_CFI_869/2025), the judge-rapporteur of the Düsseldorf Local Division refers to the full panel the decision on the objection of late filing (Rule 9.2 RoP) raised by Dai Nippon Printing against Zapp’s rejoinder in the revocation proceedings concerning EP 3 805 415. As a precaution, she grants the claimant a further written submission until 19 May 2026, after which the written procedure is closed. The order confirms that the admissibility of allegedly new submissions lies outside the judge-rapporteur’s case management powers.

Question

Can the judge-rapporteur exclude, during the written procedure, new factual allegations contained in a rejoinder, and how is equality of arms preserved in the meantime?

Decision

The admissibility of evidence and arguments is a matter of substance, not case management: assessing relevance and lateness requires a detailed analysis which, at first instance, can only be settled with certainty at the end of the oral hearing (paragraph 4). It is therefore for the full panel, and the judge-rapporteur defers the decision under Rule 102.1 RoP (paragraph 5). Without prejudging admissibility, she gives the claimant three weeks to respond, in the interest of equality of arms, a period that does not delay the hearing set for 17 September 2026 (paragraph 6). The written procedure closes when it expires (Rule 36, paragraph 7).

Key points for practice

• Practical point: an objection of late filing raised during the written procedure will as a rule be decided by the panel at the hearing, it is prudent to request at the same time a further submission under Rule 36 RoP.

Provisions applied

Rules of Procedure

Rules 9.2, 36 and 102.1

Case law cited

ZTE v Samsung, Mannheim Local Division, 13 January 2026, OPPO v Panasonic, Court of Appeal, 24 September 2024

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.