Rule 24 – Contents of the Statement of defence

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The Statement of defence shall contain:

(a) the names of the defendant and of the defendant’s representative;

(b) postal and electronic addresses for service on the defendant and the names and addresses of the persons authorised to accept service;

(c) the action number of the file;

(d) an indication whether the defendant has lodged a Preliminary objection [Rule 19];

(e) an indication of the facts relied on, including any challenge to the facts relied on by the claimant;

(f) the evidence relied on [Rule 170.1], where available, and an indication of any further evidence which will be offered in support;

(g) the reasons why the action shall fail, arguments of law and any argument arising from the provisions of Article 28 of the Agreement and where appropriate any challenge to the claimant’s proposed claim interpretation;

(h) an indication of any order the defendant will seek in respect of the infringement action during the interim procedure [Rule 104(e)];

(i) a statement whether the defendant disputes the claimant’s assessment of the value of the infringement action and the grounds for such dispute; and

(j) a list of the documents, including any witness statements, referred to in the Statement of defence together with any request that all or part of any such document need not be translated and/or any request pursuant to Rule 262.2 or Rule 262A. Rule 13.2 and .3 shall apply mutatis mutandis.

 

Case law

 

Court of First Instance

 

IPPT20250903, UPC LD Düsseldorf, Dai Nippon v Zapp
Extension of time limit to file Statement of defence but with one week only, to carry out analysis of film material related to prior disclosure and prior use claims (R.9.3(a) RoP,  R. 23 RoP, R. 24(f) RoP, R. 170.1 RoP)

 

IPPT20250402, UPC CFI, LD Mannheim, Fujifilm v Kodak - I
Validity. Priority - no public prior use (Article 87 EPC):  The analysis is to be limited to the facts which had been presented in the Statement of Defense and the Counterclaim for Revocation. It is in those briefs that the defendant has to submit reasons why the action shall fail, R. 24(g) RoP and the grounds for revocation have to be presented comprehensively, R. 25(1)(b) and (c) RoP whereas the following briefs have to limit themselves to a response to matters raised in the Reply, R. 29(c) and (d) RoP. Printing plate precursors of Defendants were protected by an at least implicit confidentiality regime. 


 

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