Key takeaways
A concurrence of the deadlines for the reply to the Statement of defense and the Defense to a Counterclaim for revocation is necessary for reasons of procedural economy and in view of the right to be heard.
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Such concurrence is particularly appropriate because the content of the Statement of defense is important for the drafting of the Defense to a Counterclaim for revocation.
An Application to determine the deadline for the Defense to a Counterclaim for revocation and its reasoning may prove to be a genuine Application for a time extension.
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Division
Local Division Hamburg
UPC number
UPC_CFI_54/2023
Type of proceedings
Infringement action and Counterclaim for revocation
Parties
Applicant and Claimant: 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. 9.3(a) RoP
