2026-09-28 - CoA - Emboline v. Aorticlab - UPC-COA-0000040/2026
- Aktenzeichen:
- UPC-COA-0000040/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Emboline, Inc. v. AorticLab srl
Kernaussage: In an appeal against a decision of the Munich Local Division in infringement proceedings, the Court of Appeal dismissed the appellant's generic procedural application under R.
2026-09-28 - CoA - Emboline
v.
Aorticlab - UPC-COA-0000040/2026
routine
In an appeal against a decision of the Munich Local Division in infringement proceedings, the Court of Appeal dismissed the appellant's generic procedural application under R. 9.2, 36 and 336 RoP. The appellant had asked the Court to disregard, as late-filed, a written witness statement filed with the respondent's Statement of response and the paragraphs of that Statement relying on it, and alternatively for leave to file a further written submission answering the new evidence. The Court refused any further pleadings or exhibits at this stage, and instead gave the appellant the opportunity to comment on the exhibit and the Statement of response at the oral hearing, including to specify which parts should be disregarded and why. The judge-rapporteur closed the written procedure without an interim conference (R. 239.1 RoP).