Topics: R. 23 RoP
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LD Paris, February 12, 2024, procedural order, UPC_CFI_425/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for one of the three defendants. According to Rule 23…
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LD Paris, February 12, 2024, procedural order, UPC_CFI_395/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for some of the fourteen defendants. According to Rule 23…
2 min Reading time→ -
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LD Munich, May 27, 2024, Order on request to extend and to shorten a deadline, UPC_CFI_498/2023
It is a reason for a term extension if wrong exhibits to which reference is made in the Statement of claim have been made available via the CMS: According to case law of the Court of Appeals (UPC-CoA_320/2023; APFL_572929/2023) it is sufficient for an extension of the terms for lodging the Statement of Defense, if…
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CoA, 13 October 2023, order of the court of appeal, UPC_CoA_320/2023
Effective service of the statement of claim does not require that exhibits are included: Only those exhibits that are essential for understanding the subject matter and the cause of action must be served on the defendant together with the statement of claim (and translated if necessary). Rule 270 RoP provides that the Regulation (EU) 2020/1784…
4 min Reading time→

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