Nixu FL IP Protection v Infoblox (CFI, 31 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 31 March 2026, the judge-rapporteur of the Hamburg Local Division sets 11 June 2026 as the single deadline for all three defendants to file their Statement of defence and any counterclaim for revocation in Nixu FL IP Protection’s infringement action against Infoblox and Nomios Germany (EP 2 005 696). Alignment is granted over the claimant’s objection, as the deadlines differed by only 20 days.

Question

Should the defence deadlines of defendants served on different dates be aligned against the claimant’s wishes (Rule 9.3(a) RoP)?

Decision

The Rules provide a balanced system of time limits, with three months for the Statement of defence (Rule 23 RoP). A gap of only 20 days makes alignment reasonable: it helps case administration and deadline monitoring, justifies neither separating the proceedings nor holding separate hearings, and does not delay the case, since the latest deadline sets the pace anyway. The claimant’s objection fails: although it was not obliged to arrange payment for service in the United States of its own motion, it bears the risk of diverging service dates, having waited about ten days after the sub-registry’s request, which accounts for half the gap.

Key points for practice

• Practical point: a claimant serving abroad should pay the service costs requested by the sub-registry without delay, failing which alignment of deadlines is likely to be ordered against it.

Provisions applied

Rules of Procedure

Rules 9.3(a), 12, 23, 29, 271, 331.1 and 334(a)

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.