Key takeaways
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 a claimant did not upload the annexes simultaneously with the Statement of claim in the CMS. This case law applies equally if wrong annexes were provided with the Statement of Claim.
No shortening of the deadline for the Statement of defense, if group members have been served earlier
The deadline for defendants will not be shortened, if the Statement of Claim has been served on other defendants of the same group of companies earlier. In the concrete case, the Statement of Claim was served on Defendant 1) one month earlier than on Defendants 3), 4), and 6).
1. Division
LD Munich
2. UPC number
UPC_CFI_498/2023
3. Type of proceedings
Infringement action
4. Parties
NEC Corporation
TCL Deutschland GmbH & Co. KG
TCT Mobile Germany GmbH
TCT Mobile Europe SAS
TCL Operations Polska Sp. z.o.o.
5. Patent(s)
EP 3057321
6. Body of legislation / Rules
Rule 13.2 RoP, R. 23 RoP, R. 334(a) RoP
20240527-LD-Munich-Shorten-Deadline-Language-of-Proceedings
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