Key takeaways
Calculation and extension of deadline to file defence to Counterclaim for revocation
The Defence to the Counterclaim for revocation and any Application to amend the patent pursuant to Rule 30 RoP must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. The separate official service of the counterclaim through the CMS – triggered by the (current) CMS set-up wherein it is necessary to start a new workflow to upload the defence/counterclaim once more in order to be able to pay the court fees – is not a relevant start date.
However, as the messages sent to the parties in this regard may have caused confusion, the judge-rapporteur extended the deadline to file the Defence to the Counterlcaim by 10 days taking into account the interests of both parties and the consideratoin to have speedy proceedings at the UPC with short time limits in accordance with R.ules331., 334(a) and 9.3(a) RoP. The date of filing of the defence to the Counterclaim will then be considered as the effective filing date of the reply in the infringement action as well and as the
start date for the filing of further submissions.
Division
Local Division (Section The Hague)
UPC number
UPC_CFI_239/2023
Type of proceedings
Infringement Action/Counterclaim for revocation
Parties
Claimant:
- Plant-e Knowledge B.V. (Renkum, NL),
- Plant-e B.V. (Renkum, NL)
Defendant: Arkyne Technologies S.L. (Barcelona, ES)
Patent(s)
EP 2137782
Body of legislation / Rules
R. 9.3(a) RoP; R. 29(a) RoP; R. 331 RoP; R. 334(a) RoP.
