Pirelli Tyre v Sichuan Yuanxing Rubber (CFI, 19 March 2026)
| Date | 19 March 2026 |
|---|---|
| Court | CFI |
| Division | Milan (IT) Local Division |
| Type of action | Infringement Action |
| Registry reference | UPC_CFI_770-2024 |
| Parties | Pirelli Tyre s.p.a. v. Sichuan Yuanxing Rubber Co., ltd. |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By an order of 19 March 2026 (UPC_CFI_770/2024 and UPC_CFI_556/2025), the judge-rapporteur of the Milan Local Division, after consulting the panel, revisited the adversarial examination of the seized tyre samples planned for the oral hearing: the tyres will be examined without being cut or sectioned, any further determination being reserved until after the hearing. The order shows how case management adapts the taking of evidence to technical constraints and to the parties’ shared position.
Question
Should the seized samples be cut at the hearing, or be the subject of a technical investigation, to inspect the internal carcass structure?
Decision
Pirelli Tyre had argued that cutting required a laboratory and specialists, and proposed a protocol. Sichuan Yuanxing Rubber objected for lack of safeguards of impartiality. Both parties later considered the internal inspection unnecessary, while filing a joint protocol. The judge-rapporteur found that the technical constraints ruled out cutting at the hearing of 14 April 2026, that the joint protocol, which set no precise timetable, was hard to reconcile with that date and with the time needed for any expert report (Rules 185.4(f) and 201.5(d) RoP), and held, on grounds of efficiency and proportionality, that it was better to decide after the hearing.
Key points for practice
- An evidentiary step ordered at the interim conference may be revisited when it proves unworkable at the hearing.
- Practical point: a jointly proposed protocol for a technical examination should include a timetable compatible with the hearing date and any expert report.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 41(3), 42 and 52(1)
- Rules of Procedure
- Preamble (paragraph 2) and Rules 185.4(f) and 201.5(d)
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.
Decisions in the same proceedings
Going further
Lexicon: Patent infringement action.
Publications by Matthieu Dhenne: Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction (Kluwer Patent Blog).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantPirelli Tyre s.p.a7 decisions in the corpusFollow this party
- defendantSichuan Yuanxing Rubber Co., ltd6 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Infringement Action
- Outcome (Dhenne Avocats summary)
- Les échantillons saisis seront examinés contradictoirement à l'audience sans découpe ni sectionnement, toute décision sur une mesure d'instruction technique étant réservée après l'audience.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Related decisions cited in the analyses
- PIRELLI TYRE v Sichuan Yuanxing Rubber (CFI, 16 July 2026) cited in this record
- PIRELLI TYRE v Sichuan Yuanxing Rubber (CFI, UPC_CFI_770/2024, 26 May 2026) cited in this record
- Pirelli Tyre v Sichuan Yuanxing Rubber (CFI, 13 February 2026) cited in this record
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