Request for discretionary review of procedural order dismissed. (Rule 220 RoP).
A request for discretionary review can only be allowed after the other party has been heard pursuant to R. 220.4 Rop. If allowed, this sets in motion a procedural appeal under a procedural appeal under R. 220.2 RoP.
Giving Align a shorter period to submit its comments to the request , than the time taken by Angelalign is contrary to the principles of proportionality, fairness and equity.
The exclusion of arguments and evidence by the CFI is not an error per se. The possibility to disregard late-filed arguments and evidence also applies to proceedings for provisional measures.
The requirement to justify a discretionary review in a way that enables the Respondent to prepare its response and enables the CoA to decide without further information is not met.
