1. Key takeaways
Strict requirement for R. 36 RoP application for written submissions beyond those foreseen in the Rules
The correct means to introduce written pleadings outside the regime provided for in the Rules of Procedure is an application pursuant to R. 36 RoP. Such an application must be made prior to the date on which the judge-rapporteur intends to conclude the written procedure. If a written pleading mixes points for which further submissions are foreseen by the Rules of procedure with points for which no further submissions are foreseen may result in non-consideration of the latter.
Even if the claimant, in view of an objection raised by the defendant for the first time in its response to the infringement action, only had one opportunity to comment on this in writing, in the reply, this circumstance does not automatically require the admission of a further written statement. The claimant must explain which specific arguments of the defendant, in its view, necessitate a further written statement.
2. Division
Duesseldorf local division
3. UPC number
UPC_CFI_733/2024, UPC_CFI_255/2025
4. Type of proceedings
Infringement proceedings
5. Parties
TRUMPF Laser- und Systemtechnik SE (claimant)
IPG Laser GmbH & Co. KG (defendant)
6. Patent(s)
EP 2 624 031
7. Body of legislation / Rules
Rule 36 RoP, Rule 9.2 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.
