UPC CFI CD Paris, 9 February 2024: extension of time limit for Defence to revocation rejected

Request to extend time limit for filing Defence to revocation rejected (Rule 9 RoP, RoP 49 RoP). 

An impossibility or an extreme difficulty to meet the deadline which is attributable to the party requesting the extension of the deadline or its representative does not come into consideration, as it may not be deemed as objective. 

Principle of fair trial obliges a party to submit a request for time extension as soon as it appears clear that the meeting of the deadline will not be possible. 

Difficulties with smart card verification device and illness of patent attorney devoid of evidence. A party's representative waiting for the smart card verification device after the service of the statement of claim (and the reception of the information concerning the lodging of the revocation action) is expected to seek a solution in an appropriate time and act accordingly (for example, by submitting requests to the Court or the Registry)

IPPT20240209, UPC CFI, CD Paris, ITCiCo Spain v Bayerische Motoren Werke