- in United States
1. Key takeaways
The burden of diligence to obtain access to a non-confidential version of a brief lies with the party seeking it
Where an unredacted version of a brief (marked highly confidential “HC” in the CMS, only accessible to the court) is filed simultaneously with a redacted version (marked mutual “M” in the CMS, accessible to the parties), the party seeking access must promptly request reclassification from the Registry or the opposing party’s representative rather than remain passiv (p. 3, penultimate paragraph).
No extension of time limits where a party’s own lack of diligence caused the alleged procedural difficulty (R. 9.3 RoP)
A party cannot rely on its own failure/negligence to request access to an unredacted document already uploaded by the opposing party (about one month ago) within a reasonable time to justify an extension of the deadline to submit the next brief. The court may reject such a request under R. 9.3 RoP where the alleged obstacle results from the requesting party’s own inaction (p. 4, fifth and sixth paragraphs).
If the redacted version of a party’s brief indicates that the redacted passages consist solely of portions of documents belonging to the opposing party, then it can be assumed that the opposing party is already familiar with the content (p. 4).
Filing a combined brief only in the CMS track dedicated to the infringement action, and not simultaneously in the linked revocation track, causes no prejudice to the opposing party
2. Division
Local Division Paris
3. UPC number
UPC_CFI_1963/2025
UPC_CFI_1247/2026
4. Type of proceedings
Infringement proceedings
5. Parties
Claimant: Valeo Wiper Systems
Defendants: Robert Bosch DOO Beograd; Robert Bosch France S.A.S.; Robert Bosch GmbH; Robert Bosch S.A.; Robert Bosch Produktie S.A.; Bosch Automotive Products (Changsha) Co., Ltd.
6. Patent(s)
EP 4 144 599
7. Body of legislation / Rules
R. 9.3 RoP.
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