ARTICLE
10 December 2024

LD Düsseldorf, November 29, 2024, Procedural Order Rejecting Submission, UPC_CFI_355/2023

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Bardehle Pagenberg

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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.
Pursuant to R. 36 RoP, the judge-rapporteur may, on a reasoned request by a party, allow further written submissions to be exchanged within a period to be specified.
Germany Intellectual Property

1. Key takeaways

Absent a reasoned request, and consequently a decision allowing further submissions, the Court will rejcect any submissions made after the stipulated periods.

Pursuant to R. 36 RoP, the judge-rapporteur may, on a reasoned request by a party, allow further written submissions to be exchanged within a period to be specified.
In the case at hand, the Defendants did not make a reasoned request and the judge-rapporteur did not allow further written submissions to be exchanged.
In the light of the foregoing, the Court ordered to disregard the written submissions contained in a late-filed brief.

2. Division

Local Division Düsseldorf

3. UPC number

UPC_CFI_355/2023

App_63445/2024

4. Type of proceedings

Procedural Order in main proceedings

5. Parties

CLAIMANT:

FUJIFILM Corporation (Tokyo, Japan)

DEFENDANTS:

  1. Kodak GmbH (Stuttgart, Germany)
  2. Kodak Graphic Communications GmbH (Stuttgart, Germany)
  3. Kodak Holding GmbH (Stuttgart, Germany)

6. Patent(s)

EP 3 594 009

7. Body of legislation / Rules

Rules 9.2, 36 RoP

2024-11-29 UPC_CFI_355_2023 App_63445_2024_en Download

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