Key takeaways
Denial of additional written submissions (R. 36 RoP)
The judge-rapporteur can permit additional submissions only if a justified request is made before the conclusion of the written procedure.
The court denied both parties’ requests for additional written submissions due to non-compliance with procedural rules.
Timing and justification of requests (R. 36 RoP)
The claimant’s request was untimely, made two months after receiving the defendant’s reply, and lacked substantial justification.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_115/2024 and UPC_CFI_377/2024
Type of proceedings
Infringement and Revocation Action
Parties
Hartmann Packaging A/S
vs.
Omni-Pac Ekco GmbH
Omni-Pac GmbH
Patent(s)
EP 2 755 901
Jurisdictions
Unified Patent Court
Body of legislation / Rules
R. 36 RoP, R. 30.1(b) RoP