Dyson Technology v Dreame International (Hongkong) (CFI, 4 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 4 May 2026 (UPC_CFI_851/2025), the judge-rapporteur of the Hamburg Local Division refuses, for the time being, to stay Dyson’s infringement action against Dreame and five other defendants (EP 3 119 235), whether pending the Court of Appeal’s preliminary reference to the CJEU or pending the EPO opposition, and announces that the oral hearing will be scheduled. The order confirms that accelerated opposition is not enough and that a reference on intermediary liability does not freeze claims against direct infringers.

Question

Should proceedings be stayed (Rule 295 RoP) pending an EPO opposition decision or the CJEU’s answer to a reference on related questions?

Decision

A stay is the exception, the oral hearing normally taking place within one year (paragraphs 13 and 14). Art. 33(10) UPCA and Rule 295(a) RoP confer a discretion, and the requested acceleration is not enough (paragraphs 15 and 16): the time limit for replying before the EPO is still running, no hearing has been set, and the panel must assess validity itself, an Opposition Division decision can be taken into account later (paragraphs 17 and 18). The referred questions concern intermediary liability and anchor defendants and do not affect direct infringers. A partial stay may be considered later, and no reference is needed at this stage (paragraphs 19 to 21).

Key points for practice

• Practical point: a stay request based on opposition must show, with timetable evidence, that an EPO decision is expected rapidly, and a request tied to a preliminary reference should be confined to the defendants concerned.

Provisions applied

Agreement on a Unified Patent Court

Art. 33(10)

Statute of the Court

Art. 38

Rules of Procedure

Rules 266 and 295(a), (i) and (m)

Regulation (EU) No 1215/2012

Art. 8(1) and (2)

Case law cited

Carrier v Bitzer, Court of Appeal, 28 May 2024, Juul Labs v NJOY, Court of Appeal, 28 April 2025, Dyson v Dreame, Court of Appeal, 6 March 2026, Dyson v Dreame, Hamburg Local Division, 7 April 2026

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.