CD Paris, September 17, 2023, Order Of The Court Of First Instance, UPC_CFI_189/2024

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.

Explore Firm Details

Extension of time period pursuant to R. 9.3(a) RoP in "exceptional cases"

Germany Intellectual Property

Ann-Christine Hug

Your Author LinkedIn Connections

Key takeaways

Extension of time period pursuant to R. 9.3(a) RoP in "exceptional cases"

An extension of the time period to file a counterclaim for infringement (R. 49 RoP) can be justified pursuant to R. 9.3(a) RoP if the Defendant provides sufficient evidence that the submission of documents in the CMS was not possible due to a technical error of the CMS and if the Defendant lodged the documents in an alternative workflow according to R. 9 RoP and also informed the Court via e-mail including the respective documents in the e-mail.

Division

Central Division Paris

UPC number

UPC_CFI_189/2024

Type of proceedings

revocation action

Parties

Applicant: 1) Meril Life Sciences Private Ltd., 2) Meril GmbH, 3) Meril Italy S.r.l.

Respondent: Edwards Lifesciences Corporation

Patent(s)

EP 4 151 181

Body of legislation / Rules

Rule 9.3 (a) and Rule 49 RoP

2024-09-17_CD Paris_UPC_CFI_189-2024 Download

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.

Authors