1. Key takeaways
Deadline Length vs. Starting Point
The court clarified the distinction between a deadline's length and starting point under Rule 198.1 RoP. While the length is prescribed, the court can determine the starting point, especially considering the expert report's due date (Rule 196.4 RoP).
Discretion to Change Starting Point
The court can adjust the starting point, especially if the expert report is delayed (Rule 198.1 RoP).
2. Division
Local Division Munich
3. UPC number
UPC_CFI_63/2025
4. Type of proceedings
Interim proceedings / Proceedings for evidence preservation and inspection
5. Parties
Applicant: Nanoval GmbH & Co. KG
Respondent: ALD Vacuum Technologies GmbH
6. Patent(s)
EP 3 083 107
7. Jurisdictions
UPC
8. Body of legislation / Rules
Rule 198.1 RoP, Rule 9.4 RoP, Rule 333 RoP, Rule 196.4 RoP, Rule
300(a) RoP, Article 48(6) UPCA
Rule 291 RoP
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.
