TOTAL SEMICONDUCTOR v Texas Instruments (CFI, 14 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 14 May 2025 (UPC_CFI_132/2024), the judge-rapporteur of the Mannheim Local Division deferred to the oral hearing of 22 and 23 July 2025 the decision on TOTAL SEMICONDUCTOR’s application, filed on 16 April 2025 under Rule 263, to extend its infringement action against Texas Instruments (EP 2 746 957) to a new product, the AM67x. The defendants may respond on the substance until 11 June 2025. The order sets out the criteria that will govern a late extension of an action to a new embodiment.

Question

How should an application to extend an infringement action to a new product be handled when it is filed after the written exchanges on the merits have closed, a few months before the hearing?

Decision

The judge must weigh the parties’ interests in the light of all the circumstances, in particular whether the new product shares the actual characteristics of the claim features or is a fundamentally different product, which can only be assessed after claim construction and fact-finding. A shared characteristic not previously in issue may not be introduced under the guise of an extension, and late circumstances are disregarded for the originally attacked embodiment too. Deferral does not unduly hinder the defendants, who must analyse the AM67x anyway, and it is not manifest that the requirements of Rule 263.2 are not met, the publication date of 10 December 2024 and the date of market placement may be relevant under Rule 263.2(a). Four weeks, as proposed by the defendants, is a reasonable period. There is no room for a written reply by the claimant.

Key points for practice

• A late extension to a new product is only possible if it shares the features already in dispute. It cannot be used to open a new technical debate.

Provisions applied

Rules of Procedure

Rules 263, 263.2 and 263.2(a)

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.