2023-12-18 - LD Paris - HP v. Lama - UPC_CFI_358/2023

Aktenzeichen:
UPC_CFI_358/2023
Datum:
Spruchkörper:
Court of First Instance - Paris (FR) Local Division
Art:
Procedural Order
Parteien:
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v. LAMA FRANCE

Kernaussage: The defendant cannot legitimately invoke its own negligence in not opening the exhibits in support of the statement of claim on the CMS until four weeks after the date on which the access code was communicated, in order to be granted its request for an ex

2023-12-18 - LD Paris - HP v. Lama - UPC_CFI_358/2023
🏛️Court of First Instance - Paris (FR) Local Division• Procedural Order
📅2023-12-18
🔢UPC_CFI_358/2023
Parteien & Vertreter
Kläger / Berufungsführer
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P
Grégoire DESROUSSEAUX
Beklagter / Berufungsbeklagter
LAMA FRANCE
Henri BOURGEOIS
📋ORD_590941/2023
⚖️Infringement Action
🌐French
🤖🇬🇧

The defendant cannot legitimately invoke its own negligence in not opening the exhibits in support of the statement of claim on the CMS until four weeks after the date on which the access code was communicated, in order to be granted its request for an ex

notable
The Paris Local Division dismissed an R. 9.3(a) RoP application by the infringement defendant to extend the three-month Statement of Defence deadline on the basis that two exhibits (nos. 36 and 40) could not be opened on the CMS. The Court held that service under R. 271.4(a) RoP had been properly effected on 2 November 2023 — exhibit 40 had been served in hard copy and exhibit 36 had been retransmitted by email within days of the issue being flagged — and that the defendant could not invoke its own four-week delay in opening the CMS exhibits to obtain an extension. Citing the diligence obligation in Preamble §§ 2 and 4 RoP, the Court emphasised that time limits before the UPC are strictly limited and parties must act diligently so that the Court may function fairly and efficiently. The SoD was ordered filed by 12 February 2024.
Stichwörter
Refusal to extend the time limit (R. 9.3 RoP), Duty of diligence (parties), Fairness, Efficiency.

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