Yangtze Memory Technologies v Micron Technology (CFI, 7 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 7 November 2025 (UPC_CFI_1041/2025), the judge-rapporteur of the Düsseldorf Local Division extended to 16 March 2026 the time limit for the defence, and any counterclaim for revocation, of the four Micron companies sued by Yangtze Memory Technologies for infringement of EP 3 850 660, and set 24 November 2025 as a common time limit for preliminary objections. It illustrates the conditions for an extension under Rule 9.3.

Question

Do the volume of the claimant’s technical evidence and the coordination of three parallel actions justify extending the time limit for the defence and aligning the time limits of defendants served on different dates?

Decision

Extensions under Rule 9.3(a) must remain exceptional and the request must explain specifically why the time limit cannot be met (paragraphs 7 to 9). The time limits in the three parallel cases should expire at the same time. The ordinary time limit would have expired on 23 January 2026 for three defendants and in February 2026 for Micron Technology, not yet served, and the defendants had offered to appoint representatives and accept service through the CMS (paragraphs 11 and 12). Given the scope of the claimant’s technical submissions, the extension serves the efficient conduct of the proceedings and the right to be heard, without significant delay (paragraph 13). A uniform time limit for preliminary objections is justified for case management (paragraph 14), and Micron Technology is invited to accept service by email to its representative (paragraph 15).

Key points for practice

• Aligning the time limits of defendants from the same group, served on different dates, may justify an extension, particularly where the defendants facilitate service.
• The request must be supported by concrete reasons, such as the volume of technical evidence to be analysed.

Provisions applied

Rules of Procedure

Rule 9.3

Case law cited

Dolby International v HP Deutschland, Düsseldorf Local Division, 19 January 2024, Leap Tools v Wizart, Düsseldorf Local Division, 20 October 2025 (UPC_CFI_451/2025)

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.