OXFORD NANOPORE v MGI TECH (CFI, 20 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 17 July 2026 (UPC_CFI_2307/2026), the judge-rapporteur of the Munich Local Division rejected MGI TECH GmbH’s (Respondent 1) application to extend to 31 July 2026, or at least to 27 July, the deadline of 24 July for its objection in Oxford Nanopore’s provisional measures proceedings. The order makes clear that, in interim proceedings, a deadline set as a calendar date balances the right to be heard against speed, and does not move with difficulties in accessing the case management system (CMS).

Question

Should a calendar deadline for the objection in provisional measures proceedings be extended because of CMS access problems, and does the applicant’s conditional agreement amount to consent?

Decision

The application under Rule 9.3(a) RoP is rejected (paragraph 11). The judge deliberately set a date rather than a period running from service, to reconcile the respondents’ right to be heard, Oxford’s right to swift relief and the panel’s preparation time. Respondent 1 has more than two weeks from service on 7 July and did not offer to forgo the oral hearing in return (paragraphs 12 and 13). The remaining time is sufficient: the patents and allegations are known from the Australian proceedings, two of the four patents have been withdrawn and the respondent’s team is substantial (paragraph 14). Oxford’s agreement was conditional on the hearing date being kept, which any extension would have moved, so there was no consent (paragraph 15).

Key points for practice

• Practical point: in provisional measures proceedings, an extension request stands a better chance if it comes with something that protects the timetable, such as waiving the oral hearing (paragraph 13).

Provisions applied

Rules of Procedure

Rules 9.3(a), 102.2, 206, 209.1(a) and 333

Related decisions

• Oxford Nanopore v MGI Tech, 17 September 2026, later decision in the same provisional measures 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.