Home » UPC decisions » Central Division » Paris Central Division » CD Paris, 22 January 2024, order, UPC_CFI_308/2023

CD Paris, 22 January 2024, order, UPC_CFI_308/2023

3 min Reading time

Key takeaways

The applicant filed a revocation action against the patent at issue.

On 27 November 2023, the respondent submitted a defence to revocation which was considered by as incomplete the Registry. Consequently, on 11 December 2023, the respondent requested to correct the detected deficiencies, by logding a corrected statement of defence which was considered complete by the Registry. The Registry notified the corrected defence to revocation to the claimant through an electronic message on 13 December 2023.

On 3 January 2024, the applicant submitted an application, requesting, under Rule 9 of the Rules of Procedure (‘RoP’), that the Court declares that the defence to revocation was served on the claimant on 13 December 2023 and, as an auxiliary request, that the Court declares the date of service on the claimant.

With respect to the two requests, the judge-rapporteur outlines that neither Rule 9 RoP, nor any other provision contained in the Rules of Procedure, allows the judge-rapporteur to inform a party (even upon its request) of the exact deadline provided for by statutory rules before it expires.

In particular, the decision outlines that it is not the judge-rapporteur’s task to give the interpretation of statutory provisions or the assessment of facts during the course of a proceedings where it may be helpful to one of the parties.

In the decision, as an exception, the judge-rapporteur identifies the date of service as being 13 December 2023.

The parties are responsible for their deadlines

The decision outlines that the interpretation of the provisions concerning the date of service of written pleadings and, consequently, the deadline for lodging the reply to the defence to revocation is the responsibility of the parties and the only duty of the Court is to assess whether that deadline has been met.


Paris Central Division

UPC number


Type of proceedings

Revocation Action


NJOY Netherlands B.V.

VMR Products LLC


EP 3 456 214

Body of legislation / Rules

Rules 9, 27, 54, 271 (6) (a) and 278 (4) RoP; Art. 17 UPCA

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