Ortovox Sportartikel v Mammut Sports Group (CFI, 30 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 30 October 2024 (UPC_CFI_16/2024), the judge-rapporteur of the Düsseldorf Local Division, in Ortovox’s infringement action against Mammut Sports Group AG and Mammut Sports Group GmbH based on EP 3 466 498, joined with a counterclaim for revocation, refused Ortovox’s request for a further exchange of written pleadings. The claimant wished to introduce a new product, the voice-controlled « Barryvox S » avalanche transceiver, discovered shortly before the close of the written procedure. The order shows that Rule 36 RoP does not allow a late extension of the dispute to a new product where the hearing is near.

Question

Should the judge-rapporteur allow further pleadings under Rule 36 RoP to address a product discovered at the end of the written procedure?

Decision

As regards the « Barryvox S 2 », Ortovox is already protected by the provisional measures ordered on 11 December 2023 and 9 April 2024 and upheld on appeal on 25 September 2024, any breach is a matter for enforcement. The « Barryvox S » was not, at least expressly, the subject of either the summary proceedings or the main action, and the fragmentary submissions did not allow it to be assessed. Further pleadings would also require a reply from the defendants, given their right to be heard, followed by time to prepare, which was incompatible with the hearing scheduled for 26 November 2024. The request, including the auxiliary request, was dismissed.

Key points for practice

• Practical point: a product discovered late calls for a new action or, if covered by an existing order, enforcement proceedings, rather than a request for further pleadings shortly before the hearing.

Provisions applied

Rules of Procedure

Rule 36

Case law cited

Ortovox v Mammut, Düsseldorf Local Division, 11 December 2023, Mammut v Ortovox, Düsseldorf Local Division, 9 April 2024, Mammut v Ortovox, Court of Appeal, 25 September 2024, UPC_CoA_182/2024.

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.