UPC CFI CD Paris, 17 September 2024: Retrospective time extension because of malfunction of CMS

Retrospective extension of the time period for lodging counterclaim for infringement because of malfunction of CMS (R. 9(3) RoP, R. 49 RoP). The evidence shows that the respondent was not able to submit the written pleading in the proper CMS workflow due to circumstances that were beyond its reasonable control as the technical difficulties that its representatives experienced do not seem to be attributable to an operator error but rather to a malfunction of the CMS.

IPPT20240917, UPC CFI, CD Paris, Meril v Edwards Lifesciences