2024-01-17 - LD The Hague - Plant-e Knowledge v. Arkyne Technologies - UPC_CFI_239/2023
- Aktenzeichen:
- UPC_CFI_239/2023
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Procedural Order
- Parteien:
- Plant-e, Plant-e Knowledge v. Arkyne Technologies S.L.
Kernaussage: Defence to Counterclaim not filed together with reply to defence in claim as required by R.
2024-01-17 - LD The Hague - Plant-e Knowledge
v.
Arkyne Technologies - UPC_CFI_239/2023
Defence to Counterclaim not filed together with reply to defence in claim as required by R. 29(a). Deadline to file Defence in the Counterclaim extended (R. 331., 334(a) and 9.3(a) RoP).
notable
The Hague Local Division (Judge-Rapporteur Kokke) ex officio extended Plant-e's deadline under Rule 29(a) RoP to file the Defence to the Counterclaim and any Application to amend the patent. The JR confirmed that the two-month period under Rule 29(a) RoP runs from service of the Statement of defence containing the Counterclaim (13 November 2023), not from a later separate CMS service of the counterclaim workflow (29 November 2023). However, because the CMS-driven workflow in which a separate counterclaim filing is required for fee payment had created genuine confusion, holding Plant-e to the 13 January 2024 deadline would be disproportionate. The JR therefore extended the deadline to 23 January 2024 under Rules 331.1, 334(a) and 9.3(a) RoP, designated the same date as the effective filing date of the Reply in the infringement action, set provisional interim conference and oral hearing dates, and invited the parties under Rule 37(2) RoP to comment on the application of Art. 33(3) UPCA (bifurcation).
Stichwörter
Procedural order ex officio by JR. Extension of time limit.