UPC CFI LD Düsseldorf, 24 June 2024: extension of time limit for reply to Statement of Defense because of confidentiality regime
24-06-2024 Print this page
Time limit for filing reply to Statement of defence which includes a Counterclaim for revocation extended to two months from the date of access to unredacted information under confidentiality regime (Rule 9(3) RoP, Rule 29(a) RoP, Rule 262A RoP).
R. 9.3 (a) RoP authorises the court to extend time limits. However, this option should only be used with caution and only in justified exceptional cases (UPC_CFI_363/2023 (LD Düsseldorf), order of 20 January 2024, GRUR-RS 2024, 5106).
Such an exceptional case exists in the present case.
Pursuant to R. 29 (a) RoP, the plaintiff must file a defence against the counterclaim for a declaration of invalidity within two months of service of a statement of defence containing a counterclaim for a declaration of invalidity, together with any reply to the statement of defence and any request for amendment pursuant to R. 30 RoP. It follows that the time limit runs from the date of service, even if an application for protection of confidential information (R. 262A RoP) has been filed in relation to this defence, on which an order will be issued at a later date (other opinion: UPC_CFI_54/2023 (LD Hamburg), order of 28 November 2023, ORD_589355/2023 - Avago v. Tesla).
However, this does not mean that the party affected by a request and/or an order to protect confidential information is defenceless. Rather, their interests can be taken into account by extending the time limit for filing the reply to the statement of defence and the time limit for replying to the action for annulment upon request (UPC_CFI_355/2023 (LK Düsseldorf), order of 4 April 2024, ORD_18050/2024 - Fujifilm v. Kodak).
