Hefei Xinhu Canned Motor Pump Co., Ltd. v.Respondent
Düsseldorf (DE) Local Division · UPC-000904
This procedural order concerns the defendant's application under Rule 36 of the Rules of Procedure for leave to file a further pleading in a patent infringement action involving EP 2 778 423 B1. The defendant sought to introduce a January 6, 2025 decision of the Chinese State Intellectual Property Office, which fully invalidated the corresponding Chinese patent CN201480013981.1 based on the same prior art references. The Local Chamber Düsseldorf, through Presiding Judge Thomas acting as Rapporteur, denied the application, finding it was filed more than six weeks after the Chinese decision without justification, that the decision was submitted only in Chinese rather than the German procedural language, and that allowing late submission would prejudice both the court's and the plaintiff's preparation for the oral hearing scheduled for March 27, 2025.