2024-02-27 - CD Paris - Meril v. Edwards Lifesciences - UPC_CFI_255/2023
- Aktenzeichen:
- UPC_CFI_255/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Application Order
- Parteien:
- Meril Italy srl
Kernaussage: The Paris Central Division, sitting as judge-rapporteur in a revocation action against EP 3 646 825, refused the revocation claimant's request under R.
2024-02-27 - CD Paris - Meril
v.
Edwards Lifesciences - UPC_CFI_255/2023
notable
The Paris Central Division, sitting as judge-rapporteur in a revocation action against EP 3 646 825, refused the revocation claimant's request under R. 36 RoP to exchange further written pleadings and likewise refused leave to appeal. Applying the proportionality, flexibility, fairness and equity principles of the RoP preamble, the rapporteur held that the discretion to add a fifth written round is exceptional and does not displace the ordinary R. 43 RoP structure; where the defendant's rejoinder stays within the R. 52 RoP limit (response to matter raised in the reply) the claimant is not entitled to a surrejoinder and may react at the oral hearing, and any excess part of the rejoinder is to be treated as not lodged. Leave to appeal was refused for absence of UPC precedent warranting a ruling and because an appellate decision would in any event post-date the oral hearing.