2026-06-05 - LD Paris - Align Technology v. Angelalign - UPC_CFI_684/2025

The Paris Local Division (judge-rapporteur Gillet) granted Align's application under R. 9.2 RoP to disregard new non-infringement arguments that the Angelalign defendants raised for the first time in their Rejoinder (paras 49-57, with Exhibits AR 12 and AR 13) concerning claim features 1.3 and 1.3.4. The defendants had challenged only feature 1.3.1 in their Statement of Defence, and the court held that the new arguments were not genuinely a response to new matter in Align's Reply — because Align's reply interpretation of the relevant features was already present in its Statement of Claim — so there was no justification for the late filing in the front-loaded procedure. Emphasising that in infringement proceedings the defendant's rejoinder is the last written submission and the claimant cannot ordinarily respond, the court declared the late arguments and exhibits inadmissible and barred their use at the oral hearing and any subsequent stage, rendering Align's alternative request for a written reply moot.