Solvay Specialty Polymers Italy v Zhejiang Fluorine Chemical New Material (CFI, 19 August 2025)

Date	19 August 2025
Court	CFI
Division	Munich (DE) Local Division
Type of action	Rule 264 Order
Registry reference	ORD_35092/2025 · ORD_35093/2025
Parties	Solvay Specialty Polymers Italy S.p.A. v. Zhejiang Fluorine Chemical New Material Co., Ltd., Shanghai Youcheng International Trade 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.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a procedural order of 19 August 2025 (UPC_CFI_319/2025, ACT_16389/2025), the judge-rapporteur of the Munich Local Division (Judge Pichlmaier), of his own motion, separated Solvay Specialty Polymers Italy’s infringement action concerning EP 2 147 029: the proceedings against Zhejiang Fluorine Chemical New Material and Hubei Fluorine New Materials, already served, continue separately from those against the two other Chinese defendants, on whom the claim has not yet been served. The mechanism spares the claimant from waiting for uncertain service abroad.

Question

May the judge, of his own motion, separate the proceedings so that the claimant can move ahead against the defendants already served?

Decision

Yes. Rule 303.2 allows separate hearing of proceedings against different defendants. It would be unreasonable to make the claimant wait for service on the third and fourth defendants while the action can proceed against the first two, served on 3 June 2025, whose time limit for the defence expires on 3 September 2025, separation should take place before the statement of defence is filed. Both proceedings remain before the same panel. The separated proceedings are deemed pending from the date on which the original statement of claim was received and the claim deemed served on the original dates of service, time limits following those of the original proceedings. As separation was ordered by the court of its own motion, no further fees are charged at this stage.

Key points for practice

Where several defendants are based outside the EU, separation lets the action proceed against those already served without losing the filing date or paying new fees.

Provisions applied

Rules of Procedure: Rule 303.2

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.

Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

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

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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

No case number recorded in this record.

Parties

claimantSolvay Specialty Polymers Italy S.p.A.2 decisions in the corpus Follow this party
defendantZhejiang Fluorine Chemical New Material Co., Ltd.Follow this party
defendantShanghai Youcheng International Trade Co., Ltd.Follow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Rule 264 Order
Outcome (Dhenne Avocats summary): L'action est disjointe : la procédure contre les deux défenderesses signifiées se poursuit séparément, réputée pendante et signifiée aux dates d'origine, sans droits supplémentaires.
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.

Patents mentioned

EP 2 147 029 mentioned in: Dhenne Avocats analysis Follow this patent

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

Publication	Role in the dispute	Family	Standard and declaration	Pool	Sources
`EP 2 147 029`	Mentioned in the analysis (role not qualified) Also mentioned in 1 other decision(s): Solvay Specialty Polymers Italy v Zhejiang Fluorine Chemical New Mater	not recorded	not recorded	not recorded	Espacenet links not checked mentioned in: Dhenne Avocats analysis

The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

Receive an alert

Weekly summary of new records and substantive updates matching what you follow. Address confirmed by email, unsubscribe at any time, one email per week even where several of your follows match.