Topics: time extension
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LD Mannheim, September 9, 2024, procedural order, UPC_CFI_219/2023 and UPC_CFI_223/2023
If the redactions in Claimant’s reply brief in an infringement action are only subject to the non-technical part, it is not justified to grant the Defendant an extension of two months for filing its rejoinder brief re. this non-technical part starting with the date from having access to the unredcated version of the non-technical part…
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LD Duesseldorf, June 24, 2024, procedural order, UPC_CFI_456/2023
If access to written pleadings is restricted to representatives only according to R. 262A RoP, this is regularly a reason for the extension of time limits: R. 9.3 (a) RoP authorizes the court to extend time limits. However, this option should only be used with caution and only in justified exceptional cases. Such an exceptional…
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LD Munich, April 9, 2024, Order regarding R. 9 RoP extension request, UPC_CFI_501/2023
No time extension due to change of language of the proceedings: An extension of the deadline to file the statement of defense according to R. 9.3 RoP was rejected. The change of language of the proceedings one month before the deadline to file the statement of defense was not considered a justification for such an…
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CoA Luxembourg, April 26, 2024, UPC_CoA_500/2023
Time period for lodging an appeal can be extended in case of an excusable error: It is true that the time period for lodging an appeal is a mandatory time limit that cannot be extended (see R. 9.4 RoP) However, an excusable error can, in exceptional circumstances, justify a derogation from that rule. That is…
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LD Paris – May 6, 2024 – UPC_CFI_440/2023 – procedural order
An intervener may not develop claims contrary to those of the party it supports, and may not autonomously develop claims and procedural modalities distinct from those offered to the party it supports.: Consequently, an intervener that has not filed a counterclaim for invalidity within the time limit set for the party they support cannot claim…
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CD Paris, February 9, 2024, rejected request for time extension, UPC_CFI_412/2023
Time extension only in exceptional cases: The power to extend a time limit should only be used with caution and only in justified exceptional cases (see UPC CFI 363/2023 LD Düsseldorf, order of 20 January 2024). A deadline set by the Rules of Procedures may only be extended in case a party alleges and gives…
4 min Reading time→
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