Luxembourg: Court Of Appeal, February 22, 2024, Order For Expedition Of The Appeal, UPC_CoA_36/2024

1. Key takeaways

If the appellant takes full advantage of the 15-day deadline for lodging the Statement of appeal and the Statement of grounds of appeal pursuant to Rule 224.1(b) and Rule 224.2(b) RoP, a request for expedition of the appeal proceedings by shortening deadlines must be rejected

An expedition would not sufficiently take into account the respondent's interest in a reasonable period of time to properly prepare the Statement of response.

This also applies, even if it lead to the Statement of defence in the first instance proceedings having to be submitted before a decision is rendered in the appeal proceedings.

2. Division

Court of Appeal, Luxembourg

3. UPC number

UPC_CoA_36/2024

4. Type of proceedings

Appeal proceedings

5. Parties

Appellants (defendants in first instance main proceedings): 1. Netgear Inc. 2. Netgear Deutschland GmbH 3. Netgear International Limited

Respondent (claimant in first instance main proceedings): Huawei Technologies Co. Ltd.

6. Patent(s)

EP 3 611 989

EP 3 678 321

7. Body of legislation / Rules

Rule 9.3(b) RoP, Rule 224.1(b) RoP, Rule 224.2(b) RoP, Rule 225(e) RoP

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