LD The Hague, 17. January 2024, Procedural Order Of Court Of First Instance, UPC_CFI_239/2023

• Published date: 02 April 2024
• Law Firm: Bardehle Pagenberg
• Author: Philipp Bovenkamp

1. Key takeaways

Calculation and extension of deadline to file defence to Counterclaim for revocation

The Defence to the Counterclaim for revocation and any Application to amend the patent pursuant to Rule 30 RoP must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. The separate official service of the counterclaim through the CMS - triggered by the (current) CMS set-up wherein it is necessary to start a new workflow to upload the defence/counterclaim once more in order to be able to pay the court fees - is not a relevant start date.

However, as the messages sent to the parties in this regard may have caused confusion, the judge-rapporteur extended the deadline to file the Defence to the Counterlcaim by 10 days taking into account the interests of both parties and the consideratoin to have speedy proceedings at the UPC with short time limits in accordance with R.ules331., 334(a) and 9.3(a) RoP. The date of filing of the defence to the Counterclaim will then be considered...