1. Key takeaways
Official form for counterclaim of revocation shall be used
Although the Statement of defence shall include a Counterclaim for revocation, the parties shall make use of the official forms available online. In practice, this means that the Counterclaim for revocation must also be filed in the workflow provided for this purpose by the CMS. Only when this requirement has been met the Counterclaim for revocation is properly filed.
Time limit for filing the counterclaim for revocation may be extended
Where the defendant has filed a Statement of defence in due time in accordance with the requirements of Rule 25.1 RoP but could not file the Counterclaim for revocation in the dedicated workflow of the CMS in due time, the deadline may be extended retrospectively upon request (Rule 9.3 (a) RoP) and subject to the following conditions: Firstly, the defendant must have already made a first attempt to file the Counterclaim for revocation in due time in the workflow provided for this purpose before the expiry of the time limit. Secondly, the defendant must have uploaded the Counterclaim for revocation to the correct workflow without culpable delay after the expiry of the deadline.
Time limit for filing the rejoinder in main proceedings and defence to counterclaim for revocation may be extended
Where the claimant has only received the unredacted versions of all submissions and exhibits one week after defendant's deadline and where defendant consents to it, claimant can be granted a one week deadline extension.
2. Division
Düsseldorf Local Division
3. UPC number
UPC_CFI_355/2023
4. Type of proceedings
Infringement Action / Counterclaim for Revocation
5. Parties
Claimant: FUJIFILM Corporation
Defendants: Kodak GmbH; Kodak Graphic Communications GmbH; Kodak Holding GmbH
6. Patent(s)
EP 3 594 009 B1
7. Body of legislation / Rules
Rule 9.3 (a) RoP, Rule 25.1 RoP, Rule 4.1 RoP, R.262A RoP
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