Daedalus Prime v Xiaomi Technology Netherlands (CFI, 25 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 25 July 2024 (UPC_CFI_169/2024, ACT_19012/2024, ORD_43090/2024), the judge-rapporteur of the Hamburg Local Division (Schilling) rejected the application of Xiaomi Technology Netherlands and Xiaomi Technology Germany, defendants in Daedalus Prime’s infringement action on EP 2 792 100, for a two-week extension of the time limit for the Statement of Defence and any Counterclaim for revocation. The order confirms that the timetable of the written procedure cannot be stretched to accommodate exchanges with a supplier.

Question

Does the need to obtain technical information subject to confidentiality obligations from the chip manufacturer, MediaTek, justify an extension of the time limit for the defence under Rule 9.3(a) RoP?

Decision

No. The Rules of Procedure set a balanced timetable, and the Statement of Defence already has the longest period, three months. No convincing reason to depart from it was shown. Coordination with non-European suppliers is not enough, as the Hamburg Local Division already held on 22 August 2023, the time limit allows for international coordination and the calculation under Rule 271 RoP already gives the defendants a longer period. Confidentiality concerns can be addressed through the Rule 262A RoP procedure, run alongside the defence. Finally, the Counterclaim for revocation raises technical questions that are likely to be independent of that information.

Key points for practice

• Practical point: a defendant relying on a supplier’s confidential information should secure its protection under Rule 262A RoP within the time limit for the defence, rather than count on an extension.

Provisions applied

Rules of Procedure

Rules 9.3(a), 12, 23, 29, 262A, 271.4(a), 271.6(b), 331.1 and 334(a)

Case law cited

Hamburg Local Division, 22 August 2023, UPC_CFI_54/2023

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.