Topics: new arguments
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LD Brussels, August 14, 2026, Procedural Order, UPC_CFI_1357/2025, UPC_CFI_629/2026
A request for further pleadings must be explicit — hints inside a pleading are not enough: LABS answered the Defendants’ new arguments directly inside its Rejoinder, without filing a formal request at that point. The Court said this does not count. R. 36 RoP needs a clear, stand-alone request. There is no such thing as…
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CoA, May 27, 2026, infringement action, counterclaim, UPC_CoA_622/2025
Further substantiation of already conclusive first-instance submissions is not “new” on appeal: The appellant argued at first instance that circulation pumps are typically implemented as centrifugal pumps. On appeal, additional textbook excerpts were submitted to substantiate this point. The Court held this as concretization of already conclusive submissions. In addition, this submission was not contested…
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Court of Appeal, November 21, 2024, Order, UPC_CoA_456/2024
Not every new argument constitutes an “amendment of a case” requiring a party to apply for leave under R. 263 RoP. : A case is amended when the nature or scope of the dispute changes. For example, in an infringement case, this occurs if the plaintiff invokes a different patent or objects to a different…
4 min Reading time→
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