Yangtze Memory v Micron (CFI, 2 September 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 2 September 2026 (UPC_CFI_1034/2025 and UPC_CFI_931/2026), the judge-rapporteur of the Düsseldorf Local Division, on an application by Yangtze Memory Technologies in its infringement action on EP 3 909 047 against four Micron companies, referred to the panel, for decision at the latest after the oral hearing, the request to disregard new arguments in the rejoinder as late-filed, and allowed Yangtze Memory to respond in writing, by 17 September 2026, to the prior use argument based on the Z01M die. The order shows Rule 36 RoP being used to secure the right to be heard on points raised at the end of the written procedure.

Question

Must the judge-rapporteur rule at once on the admissibility of new arguments raised in a rejoinder and, pending that ruling, may he allow a further exchange of written pleadings under Rule 36 RoP?

Decision

The Rule 9.2 request calls for an in-depth analysis and was referred to the panel, which will decide at the latest after the oral hearing. The request to prevent reliance on those arguments at the hearing was bound to fail (paragraphs 15 and 16). As the arguments had not been disregarded at this stage, the Rule 36 request had to be decided (paragraph 17). Having regard to the right to be heard, fairness and efficiency, leave was granted as a precautionary measure, since the arguments first appeared in the rejoinder (paragraphs 18 to 20).

Key points for practice

• Practical point: faced with a new point in a rejoinder, apply both for it to be disregarded under Rule 9.2 RoP and, in the alternative, for leave to respond under Rule 36 RoP before the written procedure closes.

Provisions applied

Rules of Procedure

Rules 9.2 and 36

Case law cited

ZTE v Samsung, Mannheim Local Division, 13 January 2026, Dai Nippon v Zapp, Düsseldorf Local Division, 28 April 2026, Oppo v Panasonic, Court of Appeal, 24 September 2024.

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.