UPC CFI LD Dusseldorf, 30 October 2024: no further pleadings and new factual allegations?

04-12-2024 Print this page
Auteur:
Dick van Engelen
IPPT20241030, UPC CFI, LD Düsseldorf, Fujifilm v Kodak

Further written pleading rejected (R. 36 RoP). Would lead to a delay in the proceedings. 

In view of the oral hearing, which is already scheduled for December, such a delay would be unacceptable to both the Court and the Defendants. 

 

The Claimant’s right to be heard is not unduly restricted by the rejection. 

New factual allegations in the Rejoinder may be rejected (R. 9(2) RoP). 

If accepted the Claimant will be given the opportunity to respond to the Defendants’ new allegations in the Rejoinder during the interim procedure, but at the latest during the oral hearing. 

 

IPPT20241030, UPC CFI, LD Düsseldorf, Fujifilm v Kodak