Home » UPC decisions » Local Division » Duesseldorf Local Division » LD Düsseldorf, 21 February 2024, procedural order on counterclaim for revocation, UPC_CFI_355/2023

LD Düsseldorf, 21 February 2024, procedural order on counterclaim for revocation, UPC_CFI_355/2023

3 min Reading time

Key takeaways

Although the Statement of defence shall include a Counterclaim for revocation, the parties shall make use of the official forms available online. In practice, this means that the Counterclaim for revocation must also be filed in the workflow provided for this purpose by the CMS. Only when this requirement has been met the Counterclaim for revocation is properly filed.

Where the defendant has filed a Statement of defence in due time in accordance with the requirements of Rule 25.1 RoP but could not file the Counterclaim for revocation in the dedicated workflow of the CMS in due time, the deadline may be extended retrospectively upon request (Rule 9.3 (a) RoP) and subject to the following conditions: Firstly, the defendant must have already made a first attempt to file the Counterclaim for revocation in due time in the workflow provided for this purpose before the expiry of the time limit. Secondly, the defendant must have uploaded the Counterclaim for revocation to the correct workflow without culpable delay after the expiry of the deadline.

Where the claimant has only received the unredacted versions of all submissions and exhibits one week after defendant’s deadline and where defendant consents to it, claimant can be granted a one week deadline extension.

Division

Düsseldorf Local Division

UPC number

UPC_CFI_355/2023

Type of proceedings

Infringement Action / Counterclaim for Revocation

Parties

Claimant: FUJIFILM Corporation

Defendants: Kodak GmbH; Kodak Graphic Communications GmbH; Kodak Holding GmbH

Patent(s)

EP 3 594 009 B1

Body of legislation / Rules

Rule 9.3 (a) RoP, Rule 25.1 RoP, Rule 4.1 RoP, R.262A RoP


Was the article helpful?


Categories


Tags

  • Alexander Wunsch

    German and European Patent Attorney, UPC Representative, Counsel

  • Anna Giedke

    Attorney-at-Law (Rechtsanwältin), UPC Representative, Partner

Stay in the loop

Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.

* = Required field