2024-10-30 - LD Düsseldorf - Fujifilm v. Kodak - UPC_CFI_355/2023

1. The fact that the claimant has only one opportunity to submit written observations on the right of prior use is a consequence of the Rules of procedure and the time limits laid down therein. However, in order to give the claimant the opportunity to present further argu-ments if necessary, R. 36 RoP provides for the possibility of requesting permission to file additional pleadings. 2. In assessing the prospects of success of such a request, the Court must, on the one hand, have regard to the reasons put forward by the applicant as to why, in its view, further pleadings are necessary. However, the Court must also have regard to the effect of further pleadings on the further course of the proceedings and the risk of delay associated therewith.

The Düsseldorf Local Division rejected the claimant's application for a further written submission with respect to a specific topic addressed in the rejoinder. The court stated that it took into account the impact of additional pleadings on the further course of the proceedings.