Orange v HMD Global (CFI, 10 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 10 April 2026 (UPC_CFI_301/2025), the judge-rapporteur of the Paris Local Division allows Orange to file a further written response on the FRAND defence set out by HMD Global in the second part of its rejoinder, in the infringement action on EP 2 345 029. Without deciding whether HMD’s arguments were new, she bases the order on fairness and the adversarial principle: since the FRAND defence is HMD’s, Orange must be able to have the last word on it. HMD’s alternative request to reply in turn is refused.

Question

May the claimant, under Rules 9.2 and 36, respond in writing to the FRAND defence set out in the defendant’s rejoinder, where the Rules provide no specific exchange for that defence?

Decision

Orange asked for the facts and arguments in Part II of the rejoinder to be declared inadmissible as late or, in the alternative, for leave to respond. HMD argued that its submissions did not depart substantially from the statement of defence. The judge notes that, unlike a counterclaim for revocation or an application to amend, the non-technical FRAND defence is not governed by any specific provision of the Rules, so the principles of fairness and adversarial proceedings in point 2 of the Preamble apply. Without ruling on lateness, she admits Orange’s response on pages 14 to 86 of the rejoinder. No further response is justified for HMD, whose next pleading will be its rejoinder on the application to amend the patent (Rule 32.3). The order may be reviewed under Rule 333.

Key points for practice

• For the Paris Division, the proprietor, as respondent to the FRAND defence, must be able to have the last word on it.
• A request for a further response may be granted without ruling on whether the opponent’s arguments were late.

Provisions applied

Rules of Procedure

Preamble, point 2, and Rules 9.2, 29, 32.3, 36 and 333

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.