Inter Digital VC v The Walt Disney (CFI, 19 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 19 November 2025, made in proceedings UPC_CFI_87/2025 and UPC_CFI_488/2025, the judge-rapporteur of the Düsseldorf Local Division allowed InterDigital VC Holdings to respond, by 20 November 2025, to the non-infringement and FRAND arguments raised by The Walt Disney Company and the other defendants in their rejoinder of 20 October 2025 (EP 2 449 782). The order shows how Rule 36 is used where a rejoinder opens a new line of argument.

Question

May the claimant be allowed, under Rule 36, to answer a non-infringement argument first raised in the rejoinder and FRAND arguments?

Decision

The further pleading was allowed in light of fairness and the right to be heard (paragraph 5). As the defendants now argue that the claimant’s reading of one feature means there is no infringement, the claimant must be able to respond (paragraph 6). Each party should have two opportunities to address the FRAND arguments (paragraph 7). The defendants did not object. The written procedure is not closed on expiry of the deadline, and the admissibility of the late arguments is left open (paragraph 8).

Key points for practice

• A non-infringement argument first raised in the rejoinder justifies a further pleading by the claimant under Rule 36 (paragraph 6).
• Practical point: leave to respond does not prejudge the admissibility of late arguments, which the claimant may still contest (paragraph 8).

Provisions applied

Rules of Procedure

Rule 36

Case law cited

Scandit v Hand Held Products, Court of Appeal, 1 November 2024, Dolby v Beko, Düsseldorf Local Division, 14 August 2025 (UPC_CFI_135/2024)

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.