Key takeaways
R. 9(a) RoP allows the court, as a minus, to merely determine the commencement of deadlines upon request
Deadline for replying to a Statement of defense with a Counterclaim for revocation
The deadline under R. 29(a) RoP for the Reply to a Statement of defense generally only begins – if applicable – upon conclusion of any confidentiality proceedings according to R. 262A RoP. If applications for the protection of confidential information have been filed, the deadline is based on the point in time from which the party representatives can fully discuss the opposing pleading with their own party or the group of persons of their own party admitted by the court. The commencement of the deadline with the conclusion of the confidentiality proceedings does not constitute an extension of the deadline pursuant to R. 9.3(a) RoP.
Deadline for a corresponding Defense to a Counterclaim for revocation filed with a Statement of defense
The deadline for a Defense to a Counterclaim for revocation is also 2 months (R. 29(a) RoP). In cases with applications for the protection of confidential information, the deadlines for the Reply to a Statement of defense and the Defense to a Counterclaim for revocation may diverge. However, concurrence is appropriate and necessary. However, this entails an extension of the deadline for the Defense to a Counterclaim for revocation (R. 9.3(a) RoP), which requires the other party to be heard (R. 264 RoP).
Division
Local Division Hamburg
UPC number
UPC_CFI_54/2023
Type of proceedings
Infringement action and Counterclaim for revocation
Parties
Applicant and Claimant in main proceedings: Avago Technologies International Sales Pte. Limited
Defendants: 1. Tesla Germany GmbH 2. Tesla Manufacturing Brandenburg SE
Patent(s)
EP 1 612 910
Body of legislation / Rules
R. 29(a) RoP
R. 9.3(a) RoP
R. 262A RoP
R. 264 RoP