Texas Instruments v Network Systems Technologies (CoA, ORD_29608/2024, 22 May 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 May 2024 (UPC_CoA_223/2024, APL_25951/2024, App_27157/2024), the Court of Appeal (second panel) rejected Texas Instruments’ request to expedite its appeal against the Munich Local Division’s order of 23 April 2024 dismissing its application for security for costs in the infringement action brought by Network Systems Technologies on EP 1 552 669. A request for expedition must explain why the ordinary time periods are not enough. Absent such an explanation, the Court will not shorten them.

Question

Should the Court of Appeal expedite the appeal and shorten time periods (Rules 225(e) and 9.3(b) RoP) where the appellant asks for this in its statement of appeal without explaining why the 15-day period for the response would be too long?

Decision

The request is admissible and the respondent need not be heard (paragraphs 1 and 2). The respondent has 15 days from service of the statement of grounds of appeal to lodge its statement of response (Rules 235 and 224.2(b) RoP), and Rule 9.3(b) RoP allows a time period to be shortened on a reasoned request (paragraphs 3 and 4). Texas Instruments, which filed its appeal together with the request 14 days after the impugned order was signed, did not explain why the response should come before that period expires. In view of the respondent’s interests and the principles of proportionality, fairness and equity, there is no reason to shorten it (paragraphs 5 and 6). As to later stages, the request is too unspecified and insufficiently substantiated (paragraph 7).

Key points for practice

• Practical point: a request to expedite an appeal against a procedural order must be reasoned concretely, period by period, filing one’s own appeal early does not of itself justify requiring the other side to respond faster.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4)

Rules of Procedure

Rules 9.3(b), 158.1, 224.2(b), 225(e) and 235

Related decisions

• Texas Instruments Deutschland, 22 May 2024, parallel order (UPC_CoA_224/2024, EP 1 875 683).
• Texas Instruments Incorporated, 22 May 2024, parallel order (UPC_CoA_225/2024, EP 1 552 399).

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.