LD Paris, August 21, 2024, Procedural order, UPC_CFI_358/2023

R. 36 RoP allows the parties to request additional written submissions from the judge rapporteur on a reasoned request, in order to ensure that the principles of flexibility and adaptability and the general principle of justice and fairness set out in point 2 of the preamble are respected,.

R. 29(e) RoP expressly states that the “rejoinder to the statement of defence is limited to a response to the questions raised in the statement of defence”. The submission, which was part of the counterclaim for revocation, had to limit itself to responding to points on the validity of the patent (including the proposed amendment). If the Claimant considered that new arguments on the infringement claim justified an additional exchange of views, it was up to the Claimant to request this from the judge rapporteur by means of a reasoned request on R. 36 RoP.

For the same reasons, and on the basis of R. 32.3 RoP, which states that “the rejoinder shall be limited to the issues raised in the reply”, the Defendant had to limit its reply in its submission to the question of the validity of the amended form of the patent as proposed by the Claimant. Submissions other than those related to the patent amendments, as well as the exhibits relating to such other submissions, were therefore excluded from the proceedings.