Fraunhofer-Gesellschaft v HMD Global (CFI, 21 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 21 August 2025 (UPC_CFI_494/2025, ORD_34789/2025), the judge-rapporteur of the Hamburg Local Division (Judge Schilling) rejected HMD Global’s application for a one-month extension of the time limit for its statement of defence in Fraunhofer-Gesellschaft’s infringement action concerning EP 2 380 167. A FRAND defence, the technical nature of a standard or summer holidays will not secure extra time where the defendant has known of the licensing dispute for years.

Question

Do the technical nature of a standard, a FRAND defence involving a pool and summer absences justify extending the time limit for the statement of defence (Rule 9.3(a))?

Decision

No. The three-month period under Rule 23, the longest in the written procedure, allows time to establish the facts and to coordinate internally, including during holidays. How the technology is implemented is something the defendant, as manufacturer, knows or can readily establish. Coordination with suppliers and staff absences do not justify an extension. A FRAND defence may in principle justify one, but the involvement of a pool does not make this case more complex, and HMD had been in contact with the Via pool or the claimant for some eight years (a licence offer in 2017, a counter-offer in 2018). By way of observation, the judge invited the parties to agree that their confidentiality agreement covers the statement of defence, so that a request under Rule 262.2 would suffice instead of one under Rule 262A.

Key points for practice

• A defendant sued on a patent said to be standard essential must prepare its FRAND defence within the Rule 23 period, long-running negotiations weigh against an extension.

Provisions applied

Rules of Procedure

Rules 9.3(a), 23, 262.2, 262A, 331.1 and 334(a)

Case law cited

Avago v Tesla, Hamburg Local Division, 22 August 2023 (order 560542, ACT_463258/2023)

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.