Key takeaways
Admissibility of submissions
The admissibility of the documents and arguments submitted is a question of fact. Whether the defendant’s submissions in its rejoinder regarding the motion to amend are relevant to the decision in the present case, and whether they were filed late requires a thorough analysis. Such an assessment can only be made with certainty at the end of the oral proceedings. In accordance with the principle of equality of arms, the plaintiff should be granted a further opportunity to comment on the defendant’s statement of facts, as a precautionary measure and without prejudice to the question of whether the defendant’s additional arguments will be admitted.
Division
Düsseldorf Local Division, judge rapporteur
UPC number
UPC_CFI_869/2025
Type of proceedings
First instance proceedings on the merits
Parties
Dai Nippon Printing Co., Ltd. (Claimant);
Zapp AG, Zapp Precision Metals GmbH (both Defendants)
Patent(s)
EP 3 805 415
Body of legislation / Rules
Rule 9.2, Rule 36 RoP
