1. Key takeaways
"Generous standard" with regard to late-filed facts and evidence
While the front-loaded approach of the UPC system requires the parties so submit facts and evidence relied on as early as possible, a generous standard is to be applied with regard to submissions in a Reply to a Statement of Defence. A Claimant is allowed to present arguments in response to arguments raised by a Defendant in the Statement of Defence. As a clear distinction between newly introduced arguments and arguments raised as a mere reaction to previously filed arguments cannot always be drwan, this generous standard is justified in order to safeguard the fundamental right to be heard in court.
However, this "generous standard" only applies where the RoP provide a legal basis for a submission (e.g. not for any further written submissions after the last submission under the RoP was filed or to submissions in the Rejoinder to an Application to amend the patent concerning exceeding the matters raised in the Reply).
Unreasonable number of auxiliary requests
According to R. 50.2 RoP in conjunction with R. 30.1 (c) proposed amendments to the patent, if they are conditional, must be reasonable in number in the circumstances of the case. The CD Paris considered twelve conditional amendments to be the upper limit of what can be considered reasonable; 65 auxiliary requests are an unreasonable number.
2. Division
CD Paris
3. UPC number
UPC_CFI_316/2023
4. Type of proceedings
Revocation action
5. Parties
Claimant: NJOY Netherlands B.V.
Defendant: Juul Labs International, Inc.
6. Patent(s)
EP 3 430 921
7. Body of legislation / Rules
Rule 44 RoP, Preamble RoP 7, R. 50.2 RoP, R. 30.1 (c) RoP
2025-01-17_CD_Paris_UPC CFI 316 -2023_ACT_571808-2023_ORD_598564-2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
