OTEC Präzisionsfinish v STEROS GPA Innovative (CoA, 24 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 24 July 2025 (UPC_CoA_579/2025), Judge Gougé, judge-rapporteur at the Court of Appeal, granted OTEC Präzisionsfinish two weeks to reply to a new experiment filed by STEROS GPA Innovative with its statement of response, in the appeal against the provisional measures order issued by the Hamburg Local Division on 16 June 2025 on EP 4 249 647. A useful clarification on when an additional round of written pleadings may exceptionally be allowed on appeal.

Question

May the appellant be allowed to respond in writing to new facts and evidence first submitted in the respondent’s statement of response?

Decision

Yes, exceptionally. On appeal, the written procedure is limited to the statement of grounds of appeal and the statement of response, save for a cross-appeal (paragraph 7), Rule 36 RoP nevertheless allows further pleadings on a reasoned request, in particular where due process so requires (paragraph 8). STEROS filed for the first time a new test reproducing a claimed feature, with a witness statement (Exhibits GRU 15 to 17) (paragraph 9). Without prejudging the admissibility of that material, to be decided later, due process justifies allowing OTEC to respond (paragraph 10). In provisional measures proceedings, two weeks is reasonable, rather than the three requested (paragraph 11).

Key points for practice

• An appellant faced with a new experiment in the statement of response may obtain a right of reply limited to that material.
• Practical point: a Rule 36 request should target the new passages and exhibits precisely, on appeal in provisional measures, the time allowed remains short.

Provisions applied

Rules of Procedure

Rules 36, 237 and 238

Case law cited

Scandit v Hand Held Products, Court of Appeal, 1 November 2024 (UPC_CoA_520/2024)

Related decisions

• STEROS GPA Innovative v OTEC Präzisionsfinish, 16 June 2025, provisional measures order under appeal.
• OTEC Präzisionsfinish v STEROS GPA Innovative, 7 November 2025, later Court of Appeal decision in the same appeal.

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.