2026-09-02 - LD Düsseldorf - Yangtze Memory Technologies v. Micron Semiconductor - UPC-CFI-0001034/2025
- Aktenzeichen:
- UPC-CFI-0001034/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Order
- Parteien:
- Yangtze Memory Technologies Co., Ltd. v. Micron Technology, Inc., Micron Europe Ltd., Micron Semiconductor (Deutschland) GmbH, Micron Semiconductor France SAS
Kernaussage: The judge-rapporteur refused to decide before the oral hearing whether new factual submissions first raised in the defendants' Rejoinder are belated, transferring that question to the panel.
2026-09-02 - LD Düsseldorf - Yangtze Memory Technologies
v.
Micron Semiconductor - UPC-CFI-0001034/2025
routine
The judge-rapporteur refused to decide before the oral hearing whether new factual submissions first raised in the defendants' Rejoinder are belated, transferring that question to the panel. Whether such submissions and the conclusions drawn from them matter to the decision, and whether they are late and to be disregarded under R. 9.2 RoP, needs an in-depth analysis that at first instance can only be made with certainty during or at the end of the oral hearing. A parallel request to bar the defendants from relying on those arguments at the hearing therefore fails at the outset. Because the submissions stand for the time being, the alternative request under R. 36 RoP had to be decided, and it succeeds: leaving the claimant with no written answer to arguments that appeared for the first time in the Rejoinder would be unfair and would infringe its right to be heard. The further pleading is expressly a precautionary measure in case the panel does not reject the new submissions.