TEXPORT Handelsgesellschaft mbH v Sioen (CFI, ORD_65145/2024, 29 October 2024)

Date	29 October 2024
Court	CFI
Division	Nordic Baltic Regional Division
Type of action	Infringement Action
Registry reference	ACT_953/2024 · ORD_65145/2024
Parties	TEXPORT Handelsgesellschaft mbH v. Sioen NV

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 order of 29 October 2024 following the interim conference (UPC_CFI_9/2024, ACT_953/2024, ORD_59030/2024), the Nordic-Baltic Regional Division (S. Johansson, presiding and rapporteur, K. Härmand, A. Zana) set the value of TEXPORT’s infringement action against Sioen on EP 2 186 428 at EUR 500,000, closed the written procedure and dismissed Sioen’s requests to exclude witness statements and the related arguments in the reply. It also organised the oral hearing of 11 February 2025 in Stockholm.

Question

Should written statements filed with the reply, one of them in a second version dated after the rejoinder, be excluded from the proceedings?

Decision

The division holds that the further arguments and evidence are a justified reply to the Statement of Defence and are therefore admissible unless another ground for exclusion applies. Any difficulty a witness’s employer may have with the statement does not make it inadmissible. Since the first statement said it had been drafted for the Belgian proceedings, the division finds that the claimant had attached the wrong version. The second, although dated after the rejoinder, was filed almost immediately after Sioen raised the point and adds little to the reply, so it is admitted. The division sets the value of the action at EUR 500,000, leaves the preliminary objection to a separate order, requests the allocation of a technically qualified judge, sets 2 December 2024 for a preliminary estimate of recoverable costs and limits pleading notes to 15 pages, no witnesses or experts will be heard.

Key points for practice

Practical point: material filed with the reply to answer the Statement of Defence is admissible, and the prompt replacement of a wrongly attached version of a written statement may be allowed where it adds little.

Provisions applied

Rules of Procedure: Rules 152.3, 175 and 370.6
Case law cited: No UPC decision is cited.

Related decisions

TEXPORT v Sioen, 29 October 2024, separate order of the same day on the preliminary objection.

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

TEXPORT Handelsgesellschaft mb v Sioen NV (CFI, 2025-07-31), 31 July 2025

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

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

claimantTEXPORT Handelsgesellschaft mbH3 decisions in the corpus Follow this party
defendantSioen NV3 decisions in the corpus 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: Infringement Action
Outcome (Dhenne Avocats summary): La division fixe la valeur de l'action à 500 000 euros, clôt la procédure écrite et refuse d'écarter les déclarations de témoins produites en réplique, y compris une version corrigée déposée après la duplique.
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 2 186 428 B2 mentioned in: Dhenne Avocats analysis Follow this patent

Related decisions cited in the analyses

TEXPORT Handelsgesellschaft mb v Sioen (CFI, 31 July 2025) cited in this record
TEXPORT Handelsgesellschaft mbH v Sioen (CFI, ORD_16070/2024, 29 October 2024) cited in this record

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 2 186 428 B2`	Mentioned in the analysis (role not qualified) Also mentioned in 2 other decision(s): TEXPORT Handelsgesellschaft mb v Sioen (CFI, 31 July 2025) · TEXPORT Handelsgesellschaft mbH v Sioen (CFI, ORD_16070/2024, 29 Octob	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.