ARTICLE
2 April 2025

CoA Luxembourg, March 24, 2025, Procedural Order UPC_CoA_835/2024

BP
Bardehle Pagenberg

Contributor

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.
Additional grounds of appeal that are not raised within the time limit for the statement of grounds of appeal provided for in R. 224.2 RoP are inadmissible, R. 233.3 RoP...
European Union Intellectual Property

1. Key takeaways

Submissions after the conclusion of written proceedings are not admissible

Additional grounds of appeal that are not raised within the time limit for the statement of grounds of appeal provided for in R. 224.2 RoP are inadmissible, R. 233.3 RoP

A further exchange of written pleadings may be permitted at the reasoned request of a party under the conditions laid down in R. 36 RoP.

However, a late submission may be rejected under the principle of fair and equitable conduct of proceedings, in particular under the principle of equality of arms as laid down in Art. 42(2) UPCA and para. 5 of the Preamble to the RoP, in conjunction with the principle of efficient management of proceedings as laid down in Art. 41(3) UPCA and para. 4 of the Preamble to the RoP.

2. Division

Court of Appeal

3. UPC number

UPC_CoA_835/2024, APL_67638/2024, App_13834/2025

4. Type of proceedings

Appeal against procedural order in infringement proceeding

5. Parties

Appellants and Plaintiffs: Amazon Europe Core S.à.r.l., Amazon EU S.à r.l., Amazon.com, Inc. (collectively "Amazon")

Respondent and Defendant: Nokia Technologies Oy ("Nokia")

6. Patent(s)

EP 2 661 892

7. Jurisdictions

Place jurisdictions

8. Body of legislation / Rules

R. 36 RoP; R. 224.2RoP, R. 233.3 RoP; Art. 41(3) UPCA, Art. 42(2) UPCA

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.

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