2023-12-14 - LD Düsseldorf - Nutricia v. Nestlé Health Science - UPC_CFI_201/2023
- Aktenzeichen:
- UPC_CFI_201/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Procedural Order
- Parteien:
- N.V. Nutricia v. Nestle Health
Kernaussage: A Defence to the Counterclaim for revocation and any Application to amend the patent must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation.
2023-12-14 - LD Düsseldorf - Nutricia
v.
Nestlé Health Science - UPC_CFI_201/2023
A Defence to the Counterclaim for revocation and any Application to amend the patent must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. Since the Counterclaim for revocation must be included in the Statement of Defence, R. 271.6 (b) RoP is not applicable to such a Counterclaim and to Applications to amend the patent.
routine
The Düsseldorf Local Division, at the claimant's request under R. 9 RoP, clarified that the two-month deadline in R. 29.1 RoP for the Defence to the Counterclaim for revocation (and any R. 30 RoP application to amend the patent) runs from the date of service of the Statement of Defence containing the counterclaim — here, 20 October 2023, yielding a deadline of 20 December 2023. The order emphasises that R. 270.6(b) RoP's service rules operate only for the Statement of claim and have no application to the counterclaim for revocation, which must be contained in the Statement of Defence (R. 25.1 RoP).
Stichwörter
Counterclaim for revocation; Application to amend the patent; time limit; fiction of access