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Angelalign France Technology v Align Technology (CoA, 10 March 2026)

Date10 March 2026
CourtCoA
DivisionLuxembourg (LU)
Type of actionRequest for a discretionary review (RoP 220.3)
Case number(s)UPC_CoA_37/2026
Registry referenceUPC-COA-0000037/2026
PartiesAngelalign France Technology SASU, Europe Angelalign Technology B.V., Angelalign Technology (Germany) GmbH, Italy Angelalign Technology S.R…

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 10 March 2026 (UPC_CoA_37/2026), the standing judge of the Court of Appeal dismissed the request for discretionary review (Rule 220.3 RoP) filed by the Angelalign companies against the Düsseldorf Local Division’s order of 26 February 2026 which, in Align Technology’s provisional measures proceedings on EP 4 295 806, had retrospectively extended Align’s time limit for its reply after a filing error. The order confirms that Rule 9.3(a) RoP, not Rule 320 RoP, governs late filing of a written submission in pending proceedings.

Question

Could the Division retrospectively extend, under Rule 9.3(a) RoP, a reply deadline missed through human error, and does that decision warrant discretionary review?

Decision

Rule 320 RoP concerns the loss of a right, such as the time limit for bringing proceedings or appealing. Missing the deadline for a written submission in pending proceedings causes no such loss, so Rule 9.3(a) RoP applies without circumventing Rule 320 (paragraphs 18 to 22). That rule sets no time limit for requesting an extension, the court may in any case act of its own motion (Rule 9.1 RoP), and accepting human error was not manifestly wrong (paragraphs 23 to 32). The defendants’ right to be heard is preserved by the extension of their own deadline (paragraph 36), and an appeal would delay the hearing set for 31 March 2026 (paragraph 37).

Key points for practice

Provisions applied

Rules of Procedure
Rules 9.1, 9.3(a), 151, 220.2, 220.3, 220.4 and 320
Case law cited
Centripetal v Keysight, Court of Appeal, 1 September 2025, Angelalign v Align Technology, Court of Appeal, 6 January 2026, Hanshow v VusionGroup, Court of Appeal, 6 June 2025, Lionra v Cisco, Hamburg Local Division, 2 June 2025

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.


Going further

Lexicon: UPC Court of Appeal.

Dhenne Avocats blog: UPC Appeals: What the Numbers Show.

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

  • UPC_CoA_37/2026 official number

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Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Request for a discretionary review (RoP 220.3)
Outcome (Dhenne Avocats summary)
La demande de révision discrétionnaire est rejetée : la prorogation rétroactive du délai de réplique d'Align relevait de la règle 9.3, a), et non de la règle 320, et n'était pas manifestement erronée.
Appeal
Decision of the Court of Appeal.
Instance
Court of Appeal decision.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 4 295 806Mentioned in the analysis (role not qualified)
Also mentioned in 1 other decision(s): Align Technology v Angelalign France Technology (CFI, 12 May 2026)
not recordednot recordednot recordedEspacenet
links not checked
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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