UPC CFI, LD Mannheim, 22 May 2025: The request for further exchange of written pleadings is reviewed as a standalone document

Panel review confirms case management order not to allow a further exchange of written pleadings (R. 12.5 RoP, R. 36 RoP, R. 333 RoP). 

A request pursuant to R. 36, 12.5 RoP calls for a sufficient degree of substantiation so that the judge-rapporteur can retrieve the essential facts from the application itself without having to study the file. This formal standard applies in general and does not depend on whether there was a change of the judge-rapporteur or not. 

As far as Claimant attempts to remedy the deficiencies in its request pursuant R. 333 RoP, these statements are irrelevant to the review proceedings. It is inherent in the review proceedings that it has the same basis as the impugned order. On a regular basis, the review only concerns the facts and the state of the dispute at the time the impugned order was issued, so that the additional arguments now put forward in the review proceedings do not justify a different outcome.

IPPT20250522, UPC CFI, LD Mannheim, Total Semiconductors v Texas Instruments