Key takeaways
If access to written pleadings is restricted to representatives only according to R. 262A RoP, this is regularly a reason for the extension of time limits
R. 9.3 (a) RoP authorizes the court to extend time limits. However, this option should only be used with caution and only in justified exceptional cases.
Such an exceptional case regularly exists if access to a written pleading in the unredacted version, due to an application for the protection of confidential information (R. 262A RoP), was initially restricted to the representatives. Only by granting access to the information in question to the party’s knowledgeable employees can it be ensured that the party concerned can exchange information with its representatives, develop a strategy by taking into account the arguments of the other party and, if necessary, provide technical and/or economic input.
Division
LD Duesseldorf
UPC number
UPC_CFI_456/2023
Type of proceedings
Infringement proceedings
Parties
Claimant: Dolby International AB
Defendants:
ASUS Computer GmbH
ASUSTek COMPUTER INC.
ASUSTEK (UK) LIMITED
ASUS FRANCE Société à responsabilité limitée
Patent(s)
EP 3 490 258 B1
Body of legislation / Rules
R. 9.3 RoP, R. 262A RoP
