Oerlikon Textile v Himson Engineering (CFI, 17 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a procedural order of 17 December 2024 (UPC_CFI_240/2023, ACT_549550/2023), issued after the interim conference, the Milan Local Division organised the close of the interim procedure in Oerlikon Textile GmbH & Co KG’s action for infringement of EP 2145848 against Himson Engineering Private Limited, which counterclaimed for revocation. It restricted the use of two late-filed prior art documents, refused for now the request for information and set the oral hearing for 11 June 2025. Its views remain provisional.

Question

How should late-filed prior art and a request for information on the origin and distribution of the machines be handled before the oral hearing?

Decision

Subject to the final decision, the panel took the view that both the action and the counterclaim concern claim 1 only, and invited Himson to reduce its inventive step attacks (section 2.3). Under the front-loading principle, the late-filed documents DE 042 and US 795 may be considered only in relation to the auxiliary requests. Uncontested witness facts are deemed admitted (Rule 171.2) and the videos were admitted (section 2.4). The request for information was not necessary at this stage, as Himson stated it had neither sold nor distributed the machines in the territory covered. It may be raised in later damages proceedings (section 2.5). The value of the action was set, by agreement, in the bracket up to EUR 2,000,000 (section 2.9).

Key points for practice

• Late-filed prior art may remain usable, but only against the auxiliary requests to amend.
• Practical point: a request for information on distribution channels may be better deferred where marketing in the territory has not been shown.

Provisions applied

Agreement on a Unified Patent Court

Art. 54, Art. 60 and Art. 76(6)

Rules of Procedure

Preamble (point 3), Rules 30.2, 119, 171.2, 185 and 192 et seq.

Case law cited

Paris Central Division, 27 November 2024 (No. 571565/2023)

Related decisions

• Oerlikon Textile v Himson Engineering, 17 September 2024, earlier order in the same proceedings.

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.