When a Counterclaim for revocation is referred to the central division, it shall be dealt with as follows:
What is UPCRoP 038?
This is Rule 038 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
(a)
Rule 17.2 and .3 shall apply mutatis mutandis;
(b)
Rule 18 shall apply mutatis mutandis: the presiding judge of the panel to which the Counterclaim for revocation has been assigned shall designate one legally qualified judge of the panel as judge-rapporteur;
(c)
The judge-rapporteur shall give any further directions necessary for the future conduct of the written procedure before the central division;
(d)
Rule 28 shall apply mutatis mutandis: the judge-rapporteur shall after consulting the parties set a date and a time for the interim conference (where necessary [Rules 28 and 101]) and set a date, and one alternative date, for the oral hearing.
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 038 (Rule 038)