Xiaomi Technology Germany v Panasonic Holdings (CoA, 30 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 30 September 2024 (UPC_CoA_543/2024, UPC_CoA_544/2024 and UPC_CoA_545/2024), a standing judge of the Court of Appeal rejected the request for discretionary review lodged by six Xiaomi companies, defendants to three infringement actions brought by Panasonic before the Mannheim Local Division (EP 3 096 315, EP 2 568 724 and EP 2 207 270). On review under Rule 333, the Division’s panel had upheld the partial refusal of their request to extend the time for the rejoinder, prompted by restricted access to the third-party licences relied on in Panasonic’s reply, and refused leave to appeal. The order confirms that the length of an extension lies within the first-instance court’s discretion and that Rule 220.3 only reaches a misapplication or an excess of that discretion.

Question

Should the Court of Appeal, under Rule 220.3, grant leave to appeal against an order limiting the extension of the time for the rejoinder (Rule 29(d)), said to infringe the right to be heard?

Decision

The length of an extension granted in a given case is a matter for the Court’s discretion (grounds, paragraph 1). It was not apparent, nor had Xiaomi sufficiently shown, that the Mannheim Local Division misapplied the Rules of Procedure or exceeded that discretion, including with regard to the right to be heard (paragraph 2). There was no urgent need to grant the request on other grounds, having regard in particular to the stage of the first-instance proceedings (paragraph 3). The request was rejected (Rule 220.4).

Key points for practice

• Discretionary review under Rule 220.3 does not allow the length of an extension of time to be reopened, absent a misapplication of the Rules or an excess of discretion (paragraphs 1 and 2).

Provisions applied

Rules of Procedure

Rules 29(d), 220.3, 220.4, 262A and 333

Case law cited

No UPC decision is cited.

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.