HEWLETT-PACKARD DEVELOPMENT v LAMA FRANCE (CFI, 21 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 21 August 2024 (UPC_CFI_358/2023, ACT_578697/2023, ORD_47694/2024), the presiding judge and judge-rapporteur of the Paris Local Division (C. Lignières) excluded from the proceedings most of the brief filed on 15 July 2024 by Hewlett-Packard Development Company and of the brief filed as a precaution by LAMA France on 16 August 2024, in the infringement action on EP 2 089 230 and EP 1 737 669. It restates the discipline of each stream of the written procedure.

Question

To what extent may a rejoinder revisit infringement, repeat arguments already made or address matters other than those raised in the reply?

Decision

The written procedure is divided into streams: infringement, where the defendant has the last word, validity, where HPDC as defendant to the counterclaim has it, and amendment of the patent, where LAMA has it. A rejoinder is confined to answering the points in the reply (Rule 29(e) RoP), and any further exchange requires a reasoned request (Rule 36 RoP). Only point 3 of HPDC’s brief, on validity, is admissible. The others repeat earlier pleadings, concern infringement or belong to other steps. Repeating arguments needlessly swells a file of more than 1,760 pages. LAMA’s brief, limited by Rule 32.3 RoP to the validity of the amended patent, is retained only for its points 3 and 4. HPDC’s exhibits 85 to 99 and 101 and LAMA’s new exhibits 59 to 64 are excluded, LAMA’s exhibit 49 did not breach the adversarial principle.

Key points for practice

• Practical point: each brief must stay within its stream and answer only the opponent’s new points, restating earlier pleadings risks exclusion from the proceedings.

Provisions applied

Rules of Procedure

Rules 12, 29(e), 32.3, 36, 191 and 333, and preamble

Related decisions

• Hewlett-Packard Development Company v LAMA France, 27 August 2024, later order on hearing a witness.

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.