Centripetal v Keysight Technologies (CFI, 20 August 2025)
| Date | 20 August 2025 |
|---|---|
| Court | CFI |
| Division | Mannheim (DE) Local Division |
| Type of action | Application Rop 333 |
| Registry reference | App_34743/2025 · ORD_35171/2025 |
| Parties | Centripetal Limited |
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.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By an order of 20 August 2025 (UPC_CFI_414/2024, App_34743/2025), the Mannheim Local Division (Judges Tochtermann, presiding and rapporteur, Böttcher, Knijff, and technically qualified Judge Attali), on a review request under Rule 333, upheld the judge-rapporteur’s refusal to allow Centripetal to file a further written pleading after the rejoinder in its infringement action against Keysight Technologies concerning EP 3 821 580. The order shows that the proximity of the hearing and the opportunities already given to the claimant weigh heavily against a new infringement reading at the end of the written procedure.
Question
May a claimant obtain leave under Rule 36 to file a further pleading setting out a new infringement reading based on a feature of the attacked embodiment, a few weeks before the oral hearing?
Decision
No. The panel exercised its discretion in the same way as the judge-rapporteur. A further pleading would call for a response from the defendants, which could not be due before early September because of the summer holidays, leaving too little time to prepare for the hearing on 9 and 10 October 2025. Centripetal had had ample opportunity to substantiate its case, its reply already containing three alternative infringement readings, and could not introduce a fifth reading so late. The AI Stack functionality had been launched in March 2025 and called for a prompt reaction. No res judicata risk arose. Leave to appeal was refused, the question turning on the particular circumstances of the case.
Key points for practice
- A claimant that discovers a new feature of the attacked embodiment during the proceedings must act promptly. Rule 36 does not allow the written procedure to be reopened as the hearing approaches.
Provisions applied
- Rules of Procedure
- Rules 36 and 333
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: Written procedure (UPC).
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
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantCentripetal Limited11 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Application Rop 333
- Outcome (Dhenne Avocats summary)
- La demande de réexamen est rejetée : Centripetal ne peut pas déposer de mémoire supplémentaire introduisant une nouvelle lecture de la contrefaçon, et l'autorisation d'appel est refusée.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 3 821 580mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Centripetal v Keysight (CFI, UPC_CFI_414/2025, 5 December 2025) cites this decision
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 821 580Methods and systems for efficient network protection recorded proprietor: Centripetal Ltd | Mentioned in the analysis (role not qualified) Also mentioned in 10 other decision(s): Centripetal v Palo Alto Networks (CoA, 4 February 2026) · Centripetal v Keysight (CFI, UPC_CFI_414/2025, 5 December 2025) · Centripetal v Keysight (CFI, UPC_CFI_414/2024, 5 December 2025) · Centripetal v Keysight Technologies (CFI, 5 September 2025) · Centripetal v Keysight Technologies (CoA, 1 September 2025) · Centripetal v Keysight Technologies (CFI, 1 August 2025) · Centripetal v Palo Alto Networks (CFI, 11 July 2025) · CENTRIPETAL v PALO ALTO NETWORKS (CoA, 28 May 2025) | not recorded | not recorded | not recorded | Espacenet · European Patent Register existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically) mentioned in: Dhenne Avocats analysis |
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