Key takeaways
A concurrence of the deadlines for the reply to the Statement of defense and the Defense to a Counterclaim for revocation is necessary for reasons of procedural economy and in view of the right to be heard.
Such concurrence is particularly appropriate because the content of the Statement of defense is important for the drafting of the Defense to a Counterclaim for revocation.
An Application to determine the deadline for the Defense to a Counterclaim for revocation and its reasoning may prove to be a genuine Application for a time extension.
Division
Local Division Hamburg
UPC number
UPC_CFI_54/2023
Type of proceedings
Infringement action and Counterclaim for revocation
Parties
Applicant and Claimant: Avago Technologies International Sales Pte. Limited
Defendants: 1. Tesla Germany GmbH 2. Tesla Manufacturing Brandenburg SE
Patent(s)
EP 1 612 910
Body of legislation / Rules
R. 9.3(a) RoP
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