HEWLETT-PACKARD DEVELOPMENT v LAMA FRANCE (CFI, 18 December 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 18 December 2023 (UPC_CFI_358/2023, App_590796/2023), the judge-rapporteur of the Paris Local Division rejected all requests by Lama France, defendant in Hewlett-Packard Development Company’s infringement action on EP 2 089 230 and EP 1 737 669, for access to two exhibits that would not open on the CMS and for an extension of time for its defence. The statement of defence must be filed before 12 February 2024. The order shows that a technical problem in displaying exhibits will not secure an extension where it is reported late and its effect on the defence is not explained.

Question

Does difficulty in opening exhibits on the CMS justify extending the time limit for the defence under Rule 9.3(a) RoP, calculated from the date the exhibits became accessible?

Decision

Service of the statement of claim complied with the Rules of Procedure. The defendant had the CMS access code from 2 November 2023 and waited about four weeks, without explanation, before reporting the problem. Exhibit 40 had been served on paper. Exhibit 36 was resent by email on 4 December 2023 and then uploaded to the CMS, where it opens without difficulty. Since the defendant did not explain how these problems prevented it from preparing its defence, its rights of defence were sufficiently respected. The list of exhibits being unambiguous, the requests for clarification were also rejected.

Key points for practice

• Practical point: an exhibit that cannot be opened on the CMS should be reported at once, and an extension request must show how the problem actually hampers preparation of the defence.

Provisions applied

Rules of Procedure

Preamble, paragraphs 2 and 4, Rules 9.3(a), 13.2, 23, 220.2, 271.4(a) 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.