Key takeaways
If the appellant takes full advantage of the 15-day deadline for lodging the Statement of appeal and the Statement of grounds of appeal pursuant to Rule 224.1(b) and Rule 224.2(b) RoP, a request for expedition of the appeal proceedings by shortening deadlines must be rejected
✓
An expedition would not sufficiently take into account the respondent’s interest in a reasonable period of time to properly prepare the Statement of response.
This also applies, even if it lead to the Statement of defence in the first instance proceedings having to be submitted before a decision is rendered in the appeal proceedings.
Division
Court of Appeal, Luxembourg
UPC number
UPC_CoA_36/2024
Type of proceedings
Appeal proceedings
Parties
Appellants (defendants in first instance main proceedings): 1. Netgear Inc. 2. Netgear Deutschland GmbH 3. Netgear International Limited
Respondent (claimant in first instance main proceedings): Huawei Technologies Co. Ltd.
Patent(s)
EP 3 611 989
EP 3 678 321
Body of legislation / Rules
Rule 9.3(b) RoP, Rule 224.1(b) RoP, Rule 224.2(b) RoP, Rule 225(e) RoP
