Key takeaways
Extension of time period pursuant to R. 9.3(a) RoP in “exceptional cases”
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An extension of the time period to file a counterclaim for infringement (R. 49 RoP) can be justified pursuant to R. 9.3(a) RoP if the Defendant provides sufficient evidence that the submission of documents in the CMS was not possible due to a technical error of the CMS and if the Defendant lodged the documents in an alternative workflow according to R. 9 RoP and also informed the Court via e-mail including the respective documents in the e-mail.
Division
Central Division Paris
UPC number
UPC_CFI_189/2024
Type of proceedings
revocation action
Parties
Applicant: 1) Meril Life Sciences Private Ltd., 2) Meril GmbH, 3) Meril Italy S.r.l.
Respondent: Edwards Lifesciences Corporation
Patent(s)
EP 4 151 181
Body of legislation / Rules
Rule 9.3 (a) and Rule 49 RoP
