Home » UPC decisions » Local Division » Hamburg Local Division » LD Hamburg, 28 November, 2023, procedural court order on reply deadlines, UPC_CFI_54/2023

LD Hamburg, 28 November, 2023, procedural court order on reply deadlines, UPC_CFI_54/2023

3 min Reading time

Key takeaways

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.

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


Was the article helpful?

2

Categories


Tags

Stay in the loop

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

* = Required field