No expedition of the appeal (Rule 9(3) RoP, Rule 220(1) RoP)(Rule 235 RoP).
Due account must be given to the principles of due process, among which equality of arms.
The Court of Appeal does not consider that the circumstances of the present case are so urgent that the interests of the appellant outweigh those of the respondent. The appellant’s arguments that it is seeking patent protection as soon as possible and that the appeal concerns a purely legal issue, are not sufficient to shorten the time limit for lodging the statement of response. This time period is already relatively short for appeals against orders referred to in R. 220.1(c) RoP, such as the present appeal, namely only 15 days. The fact that the appellant did not make use of the entire time period within which it could have lodged its statement of grounds of appeal, does not lead to a different assessment.
IPPT20240730, UPC CoA, Alexion Pharmaceuticals v Samsung Bioepsis
