Hurom v NUC Electronics (CoA, 4 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 4 March 2026 (UPC_CoA_678/2025), the judge-rapporteur of the Court of Appeal rejected Hurom’s request to file a further reply after NUC’s Statement of Response and cross-appeal, in the appeal against the Paris Local Division decision of 23 May 2025 concerning EP 3 155 936. The order restates that the written procedure on appeal is closed and that the hearing date carries weight.

Question

Can an appellant obtain, under Rule 36, a further exchange of pleadings to answer new prior art (D5 and D6) and inadmissibility objections raised by the respondent against its new auxiliary requests?

Decision

The request was admissible but rejected (paragraph 8). The written procedure on appeal is limited and no further exchange is provided for unless a cross-appeal has been lodged (Rules 237 and 238) (paragraph 9). Rule 36 allows further pleadings on a reasoned request, in particular where due process requires it (paragraph 11). NUC’s objections answered the new auxiliary requests, and D5 and D6, being public documents, could not have been filed earlier (paragraphs 12 and 13). Hurom waited two months after the Statement of Response although the hearing of 2 April 2026 had been scheduled, and the parties can address each other’s positions at the hearing (paragraphs 14 and 15).

Key points for practice

• Rule 36 gives no right to the last written word: prior art raised in answer to new auxiliary requests is for the oral hearing (paragraphs 13 and 15).
• Practical point: a Rule 36 request should follow the opponent’s pleading promptly, a two-month wait counts against it (paragraph 14).

Provisions applied

Agreement on a Unified Patent Court

Art. 41(3), Art. 42(2) and Art. 73(4)

Rules of Procedure

Preamble (paragraphs 4 and 5), Rules 36, 222.2, 224.2, 233.3, 235, 237 and 238

Case law cited

Scandit v Hand Held Products, Court of Appeal, 1 November 2024, Amazon v Nokia, Court of Appeal, 24 March 2025, Otec v Steros, Court of Appeal (UPC_CoA_579/2025)

Related decisions

• Hurom v NUC Electronics, 28 August 2026, later Court of Appeal decision in the same appeal.

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.