Home » UPC decisions » Local Division » Munich Local Division » LD Munich, May 27, 2024, Order on request to extend and to shorten a deadline, UPC_CFI_498/2023

LD Munich, May 27, 2024, Order on request to extend and to shorten a deadline, UPC_CFI_498/2023

2 min Reading time

Key takeaways

According to case law of the Court of Appeals (UPC-CoA_320/2023; APFL_572929/2023) it is sufficient for an extension of the terms for lodging the Statement of Defense, if a claimant did not upload the annexes simultaneously with the Statement of claim in the CMS. This case law applies equally if wrong annexes were provided with the Statement of Claim.

The deadline for defendants will not be shortened, if the Statement of Claim has been served on other defendants of the same group of companies earlier. In the concrete case, the Statement of Claim was served on Defendant 1) one month earlier than on Defendants 3), 4), and 6).

Division

LD Munich

UPC number

UPC_CFI_498/2023

Type of proceedings

Infringement action

Parties

NEC Corporation

TCL Deutschland GmbH & Co. KG

TCT Mobile Germany GmbH

TCT Mobile Europe SAS

TCL Operations Polska Sp. z.o.o.

Patent(s)

EP 3057321

Body of legislation / Rules

Rule 13.2 RoP, R. 23 RoP, R. 334(a) RoP


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Tags

  • Attorney-at-law (Rechtsanwalt), UPC Representative, Counsel

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