CoA, August 21, 2024, Order On Application Pursuant To R. 9.1 RoP And Summons Of The Parties To The Oral Hearing, UPC_CoA_354/2024

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1. Key takeaways

An application under R.36 RoP can only be made before the closure of the interim procedure, and further pleadings may only be filed after an application under R. 36 RoP has been made

For the appeal procedure, R.239.2 RoP conclusively determines when the written procedure is completed. As soon as the judge-rapporteur considers the appeal proceedings to be ready for an oral hearing, he/she shall summon the parties to an oral hearing. With the summons, the interim procedure is deemed to be concluded, and the oral proceedings begin. An application pursuant to R. 36 RoP may only be lodged before the conclusion of the interim procedure. A request filed after the closure of the interim procedure will be rejected.

With the summons, the interim procedure is deemed to be concluded

A separate notification of the parties in advance pursuant to R.35a RoP is not provided for.

2. Division

Luxemburg Court of Appeals

3. UPC number

UPC_CoA_354/2024

APL_38948/2024

4. Type of proceedings

appeal proceedings – procedural appeal

5. Parties

Appellants and Defendants in the main proceedings:

Apple Retail Germany B.V. & Co. KG, Munich, Germany
Apple Distribution International Ltd., Cork, Ireland
Apple GmbH, Munich, Germany
Apple Retail France EURL, Paris, France
Apple Inc., Cupertino, USA

Respondent and Claimant in the main proceedings:

Ona Patents SL, Barcelona, Spain

6. Patent(s)

EP 2 263 098

7. Body of legislation / Rules

R. 36 RoP; R. 9.1 RoP; R. 35 a RoP

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