Topics: R. 9.2 RoP
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LD Duesseldorf, September 12, 2025, procedural order on further exchanges of written pleadings, UPC_CFI_733/2024
Strict requirement for R. 36 RoP application for written submissions beyond those foreseen in the Rules: The correct means to introduce written pleadings outside the regime provided for in the Rules of Procedure is an application pursuant to R. 36 RoP. Such an application must be made prior to the date on which the judge-rapporteur…
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LD Mannheim, August 27, 2025, procedural order, UPC_CFI_521/2024
Rejection of submission: The court may, at its discretion, disregard not only unsolicited written submissions in addition to the regular written pleadings provided for in the RoP, but also the content of regular written pleadings that goes beyond the admissible content provided for in the RoP. This applies not only to new arguments or facts,…
2 min Reading time→ -
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LD Düsseldorf July 30, 2025 Decision on merits, UPC_CFI_26/2024
Late filed argument based on known document: The Court can reject a new line of arguments pursuant to R. 9.2 RoP in a case where the issue has been raised from the outset and the new argument is based on completely different passages of a lengthy document. Neither the Court nor the other party may…
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LD Paris, December 11, 2024, Decision on the merits, UPC_CFI_395/2023
Headnote 1: Order pursuant to R. 36 RoP does not authorize to raise new grounds; UPC procedure is front-loaded system.: The order pursuant to Rule 36 RoP issued by the judge-rapporteur relates to adding some arguments to the debate related to some specific terms regarding claim interpretation, but it did not authorise the defendant to raise a new…
5 min Reading time→

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