2025-09-03 - LD Düsseldorf - Dai Nippon Printing v. Zapp et al.

JR Schumacher (Düsseldorf LD) granted a 1-week deadline extension (of 1 month requested) for the defense statement under R. 9.3(a) RoP. The defendants demonstrated concrete laboratory analysis (metal foil testing for prior art and prior use defense) with a specific timeline — one lab due in the first week of September, the other by mid-September. The court found the first lab's timeline justified a limited extension to 16 September, but rejected a longer extension because the defendants did not demonstrate why both lab reports were needed simultaneously and did not show they had urged acceleration. The court also held that pre-litigation analysis timelines of the claimant are irrelevant to the defendant's extension request — equality of arms does not require matching preparation periods outside the RoP framework.