Key takeaways
Absent a reasoned request, and consequently a decision allowing further submissions, the Court will rejcect any submissions made after the stipulated periods.
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Pursuant to R. 36 RoP, the judge-rapporteur may, on a reasoned request by a party, allow further written submissions to be exchanged within a period to be specified.
In the case at hand, the Defendants did not make a reasoned request and the judge-rapporteur did not allow further written submissions to be exchanged.
In the light of the foregoing, the Court ordered to disregard the written submissions contained in a late-filed brief.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_355/2023
App_63445/2024
Type of proceedings
Procedural Order in main proceedings
Parties
CLAIMANT:
FUJIFILM Corporation (Tokyo, Japan)
DEFENDANTS:
- Kodak GmbH (Stuttgart, Germany)
- Kodak Graphic Communications GmbH (Stuttgart, Germany)
- Kodak Holding GmbH (Stuttgart, Germany)
Patent(s)
EP 3 594 009
Body of legislation / Rules
Rules 9.2, 36 RoP
