Key takeaways
R. 36 RoP: Filing of Pleadings Beyond Time Limits Specified in RoP Possible
The fact that the claimant has only one opportunity to submit written observations on the right of prior use is a consequence of the Rules of procedure and the time limits laid down therein. However, in order to give the claimant the opportunity to present further arguments if necessary, R. 36 RoP provides for the possibility of requesting permission to file additional pleadings.
Criterion: Balance of Interests
In assessing the prospects of success of such a request, the Court must, on the one hand, have regard to the reasons put forward by the applicant as to why, in its view, further pleadings are necessary. However, the Court must also have regard to the effect of further pleadings on the further course of the proceedings and the risk of delay associated therewith.
Division
LD Duesseldorf
UPC number
UPC_CFI_355/2023, App_54506/2024, ORD_54796/2024
Type of proceedings
Infringement proceedings (proceedings on the merits)
Parties
Claimant: FUJIFILM Corporation
Defendants: Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
Patent(s)
EP 3 594 009
Body of legislation / Rules
R. 36 RoP
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