Home » UPC decisions » Luxembourg Court of Appeal » CoA Luxembourg, March 24, 2025, procedural order UPC_CoA_835/2024

CoA Luxembourg, March 24, 2025, procedural order UPC_CoA_835/2024

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Key takeaways

Additional grounds of appeal that are not raised within the time limit for the statement of grounds of appeal provided for in R. 224.2 RoP are inadmissible, R. 233.3 RoP

However, a late submission may be rejected under the principle of fair and equitable conduct of proceedings, in particular under the principle of equality of arms as laid down in Art. 42(2) UPCA and para. 5 of the Preamble to the RoP, in conjunction with the principle of efficient management of proceedings as laid down in Art. 41(3) UPCA and para. 4 of the Preamble to the RoP.

Division

Court of Appeal

UPC number

UPC_CoA_835/2024, APL_67638/2024, App_13834/2025

Type of proceedings

Appeal against procedural order in infringement proceeding

Parties

Appellants and Plaintiffs: Amazon Europe Core S.à.r.l., Amazon EU S.à r.l., Amazon.com, Inc. (collectively “Amazon”)

Respondent and Defendant: Nokia Technologies Oy (“Nokia”)

Patent(s)

EP 2 661 892

Jurisdictions

Place jurisdictions

Body of legislation / Rules

R. 36 RoP; R. 224.2RoP, R. 233.3 RoP; Art. 41(3) UPCA, Art. 42(2) UPCA


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