1. Key takeaways
Calculation and extension of deadline to file defence to Counterclaim for revocation
The Defence to the Counterclaim for revocation and any Application to amend the patent pursuant to Rule 30 RoP must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. The separate official service of the counterclaim through the CMS – triggered by the (current) CMS set-up wherein it is necessary to start a new workflow to upload the defence/counterclaim once more in order to be able to pay the court fees – is not a relevant start date.
However, as the messages sent to the parties in this regard may
have caused confusion, the judge-rapporteur extended the deadline
to file the Defence to the Counterlcaim by 10 days taking into
account the interests of both parties and the consideratoin to have
speedy proceedings at the UPC with short time limits in accordance
with R.ules331., 334(a) and 9.3(a) RoP. The date of filing of the
defence to the Counterclaim will then be considered as the
effective filing date of the reply in the infringement action as
well and as the
start date for the filing of further submissions.
2. Division
Local Division (Section The Hague)
3. UPC number
UPC_CFI_239/2023
4. Type of proceedings
Infringement Action/Counterclaim for revocation
5. Parties
Claimant:
- Plant-e Knowledge B.V. (Renkum, NL),
- Plant-e B.V. (Renkum, NL)
Defendant: Arkyne Technologies S.L. (Barcelona, ES)
6. Patent(s)
EP 2137782
7. Body of legislation / Rules
R. 9.3(a) RoP; R. 29(a) RoP; R. 331 RoP; R. 334(a) RoP.
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