Dolby International v Beko Germany (CFI, 14 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 14 August 2025, issued in the joined infringement action and counterclaim for revocation concerning EP 3 605 534 (UPC_CFI_135/2024 and UPC_CFI_477/2024, App_4256/2025), the Düsseldorf Local Division allowed Dolby International to file a further written pleading on the FRAND defence raised by Beko Germany and Arçelik. The pleading, already attached to the application of 27 January 2025, is admitted as filed and the written procedure closes when the period expires. The order shows how Rule 36 RoP is used to restore balance in the pleadings when a defence is raised late.

Question

May the claimant obtain a further pleading on a FRAND defence first raised in the statement of defence and developed in the rejoinder?

Decision

Yes. The application, made before the written procedure was due to close, is reasoned: Dolby argued that each party should have two pleadings on the FRAND defence and that the rejoinder of 27 December 2024 contained new matter, in particular on market dominance (paragraphs 1 and 2). The judge granted leave in the exercise of discretion, on grounds of fairness, efficiency and the right to be heard: the defendants are not disadvantaged, the proceedings are not delayed and Rule 9.2 RoP protects them against late submissions (paragraph 3). The period was set to expire on 14 August 2025, with no new upload needed (paragraph 4), and the written procedure is deemed closed on its expiry (Rule 36, second sentence, RoP).

Key points for practice

• Practical point: attaching the draft pleading to an application under Rule 36 RoP allows the judge rapporteur to admit it without a further period and to close the written procedure at once.

Provisions applied

Rules of Procedure

Rules 9.2 and 36

Case law cited

Ortovox v Mammut, Düsseldorf Local Division, 30 October 2024, Grundfos v Hefei, Düsseldorf Local Division, 26 February 2025, Hartmann v Omni-Pac, Düsseldorf Local Division, 4 March 2025, Scandit v Hand Held Products, Court of Appeal, 1 November 2024

Related decisions

• Dolby International v Beko Germany, 18 March 2026, decision on the merits.

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.