Home » UPC decisions » Local Division » Hamburg Local Division » LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023

LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023

2 min Reading time

Key takeaways

In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the statement of defense for party representatives of Claimants was delayed, a parallel run of the time period for the reply and the time period for the response to the counterclaim for revocation is not only procedurally economical, but is also required in view of the right to be heard. The content of the statement of defense, including the protected information contained therein, is important for the drafting of the defence against the counterclaim for revocation, since the disputed use of the claimed teaching constitutes the central subject matter of the patent infringement action.


Hamburg Local Division

UPC number


Type of proceedings

Infringement action, Counterclaim for revocation


10x Genomics, Inc.

President and Fellows of Harvard College

Vizgen, Inc.


EP 4 108 782


Place jurisdictions

Body of legislation / Rules

Rule 9.3 RoP, Rule 29.1 RoP, Rule 30.1.b RoP, Rule 262A RoP

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