1. Key takeaways
No further pleadings or evidence are permitted once the appellate proceedings have reached an advanced procedural stage.
The Court confirmed its broad case-management discretion to prevent additional written submissions at a late stage, consistent with the RoP’s objective of efficient, front-loaded proceedings. An appellant’s request to disregard a witness statement and related submissions as late-filed, or alternatively to obtain leave for a further written submission, was dismissed. The Court neither admitted nor excluded the contested material, instead deferring the substantive late-filing argument to the oral hearing.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_40/2026
4. Type of proceedings
Appeal proceedings – application concerning a late-filing objection
5. Parties
Applicant/Appellant (Claimant/Counterclaim-Defendant before the Court of First Instance): Emboline Inc.
vs.
Respondent (Defendant/Counterclaimant before the Court of First Instance): AorticLab srl
6. Patent(s)
EP 2 129 425
7. Jurisdictions
UPC
8. Body of legislation / Rules
R. 9.2, 36, 336 RoP.
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