Key takeaways
Late filed argument based on known document
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The Court can reject a new line of arguments pursuant to R. 9.2 RoP in a case where the issue has been raised from the outset and the new argument is based on completely different passages of a lengthy document. Neither the Court nor the other party may be forced to deal with it from scratch. This undermines the concept of the front-loaded procedure established by the Rules of Procedure.
Division
LD Düsseldorf
UPC number
UPC_CFI_26/2024
Type of proceedings
Infringement action / counterclaim for revocation
Parties
Claimant:
Headwater Research LLC
Defendants:
Samsung Electronics GmbH
Samsung Electronics France, S.A.S.
Samsung Electronics Benelux B.V.
Samsung Electronics Co. Ltd.
Patent(s)
EP 3 110 069 B1
Body of legislation / Rules
Rule 9.2 RoP
