Home » UPC decisions » Local Division » Duesseldorf Local Division » LD Duesseldorf, October 30, 2024, Procedural Order, UPC_CFI_355/2023

LD Duesseldorf, October 30, 2024, Procedural Order, UPC_CFI_355/2023

2 min Reading time

Key takeaways

The fact that the claimant has only one opportunity to submit written observations on the right of prior use is a consequence of the Rules of procedure and the time limits laid down therein. However, in order to give the claimant the opportunity to present further arguments if necessary, R. 36 RoP provides for the possibility of requesting permission to file additional pleadings.

In assessing the prospects of success of such a request, the Court must, on the one hand, have regard to the reasons put forward by the applicant as to why, in its view, further pleadings are necessary. However, the Court must also have regard to the effect of further pleadings on the further course of the proceedings and the risk of delay associated therewith.

Division

LD Duesseldorf

UPC number

UPC_CFI_355/2023, App_54506/2024, ORD_54796/2024

Type of proceedings

Infringement proceedings (proceedings on the merits)

Parties

Claimant: FUJIFILM Corporation

Defendants: Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH

Patent(s)

EP 3 594 009

Body of legislation / Rules

R. 36 RoP


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