2024-08-05 - LD Düsseldorf - expert v. Seoul Viosys - CC_3580/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Düsseldorf Local Division, sitting as a full panel under R. 333 RoP, upheld the judge-rapporteur's decision to defer rather than immediately rule on a later R. 30.2 RoP patent-amendment application. The panel held that R. 30.2 RoP leaves the timing of the admissibility decision to the court's discretion and that a 'currently no cause to admit' order neither admits nor refuses the application — it defers. On the defendants' parallel objection, the panel held that the two-month reply period in R. 32.1 RoP is triggered by the initial R. 30.1 RoP amendment request and does not extend automatically to later R. 30.2 RoP amendments. The defendant's right to be heard on later amendments is protected through the admissibility assessment itself and targeted procedural measures outside the fixed R. 32 RoP schedule, consistent with the one-year target in preamble recital 7 of the Rules of Procedure.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: CC_3580/2024