UPC_CFI_478/2025; UPC_CFI_585/2026 – Avient v Xingi
- Court
- Local Division The Hague
- Date
- Sector
- Chemicals
- Decision Type
- PROCEDURAL
Expert Commentary
Interim conference Facts 1. This case concerns an infringement case re EP 2 791 402. 2. An interim conference was held on 26 October 2026 with the Judge-rapporteur (“JR”) and the Technically Qualified Judge (“TQJ”) present. The JR 1. The JR gave some preliminary guidance with respect to claim construction, infringement and validity. 2. The panel will decide on the claim for penalties and it will be argued during the oral argument because of the late response to the R. 190 RoP order. 3. The JR decided on the allegations with respect to late filing issues. 4. The defendant asked to consider making the counterclaim for revocation conditional. 5. The JR ordered the parties to list their most promising validity attacks and most important auxiliary requests. Comment The JR had (again) studied the case in detail together with the TQJ, which allowed her to provide preliminary views and address all objections regarding late-filed issues, ensuring an efficient and to the point oral hearing. The only thing I miss was for the Court to give its provisional views at the start of the hearing and allow the parties some time to rearrange their arguments. However, if the views expressed during the interim conference were so concrete that the parties realized what are the important issues for the Court, then that may not be necessary.
Key Holdings
- During an interim conference, the Judge-rapporteur, with the Technically Qualified Judge, may provide preliminary guidance on claim construction, infringement, and validity.
- Claims for penalties resulting from a late response to an order under Rule 190 RoP may be referred to the full panel to be argued during oral argument.
- The Judge-rapporteur may resolve issues concerning late-filed submissions and order parties to focus the dispute by listing their most promising validity attacks and primary auxiliary requests.
Tags
- Interim conference
- Preliminary guidance
- Rule 190 RoP
- Late filing
- Auxiliary requests