Papst Licensing v Ecovacs Home Service Robotics (CFI, 9 September 2025)
| Date | 9 September 2025 |
|---|---|
| Court | CFI |
| Division | Munich (DE) Local Division |
| Type of action | Generic application |
| Registry reference | App_35786/2025 · ORD_36072/2025 |
| Parties | ECOVACS Europe GmbH |
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 9 September 2025 (UPC_CFI_491/2025, App_35786/2025), the Munich Local Division rejected the application for extension of time limits filed by ECOVACS Europe, second defendant in the infringement action brought by Papst Licensing on European patent EP 3 494 446. ECOVACS Europe wanted its timetable aligned with that of the other defendants, which had not yet been served. The order confirms that an extension opposed by the other side requires a genuine need to prepare the defence. Procedural convenience alone is not enough.
Question
May a defendant that has been served obtain, over the claimant’s objection, an extension of the time limits for the statement of defence and the preliminary objection so as to align the proceedings with those against co-defendants not yet served?
Decision
No. The decisions relied on by ECOVACS Europe were mostly based on a joint request to unify time limits in exchange for deemed service, and there was no such agreement here (paragraph 1). An extension without consent remains possible but calls for a balancing of interests (paragraph 2). ECOVACS Europe did not claim it needed more time for its defence. Unifying the proceedings is a legitimate interest but carries less weight. The other defendants may file their defence together with it, time limits can still be adjusted and severance remains possible (paragraph 3, Rule 9.3(a)). The second defendant has 20 days to comment on Papst Licensing’s other requests.
Key points for practice
- Practical point: an opposed extension request must show a need specific to preparing the defence, aligning the timetable among co-defendants is not sufficient.
Provisions applied
- Rules of Procedure
- Rules 9.2, 9.3(a), 102.2 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), Court fees and costs (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
- claimantECOVACS Europe GmbHFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic application
- Outcome (Dhenne Avocats summary)
- La demande de prorogation des délais de défense et d'exception préliminaire présentée par ECOVACS Europe est rejetée, faute de besoin propre à la préparation de la défense.
- 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 3 494 446mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 494 446 | Mentioned in the analysis (role not qualified) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
Receive an alert
Weekly summary of new records and substantive updates matching what you follow. Address confirmed by email, unsubscribe at any time, one email per week even where several of your follows match.