Hewlett Packard Enterprise Co. has lost out on a bid to knock out fraud claims brought by Russian telecom company MegaFon PJSC, which has accused the Silicon Valley tech company of overselling its ability to complete a nationwide upgrade of MegaFon’s cellular network.

U.S. Magistrate Judge Nathanael Cousins of the Northern District of California on Monday turned back HPE’s contention that MegaFon’s lawsuit fell outside the three-year statute of limitation for fraud and negligent misrepresentation claims and the four-year statute of limitations for unfair competition claims.