Rule 334 – Case management powers

Except where the Agreement, the Statute or these Rules provide otherwise, the judge-rapporteur, the presiding judge or the panel may:

(a) extend or shorten the period for compliance with any rule or order [Rule 9.3];

(b) adjourn or bring forward the interim conference or the oral hearing;

(c) communicate with the parties to instruct them about wishes or requirements of the Court;

(d) direct a separate hearing of any issue;

(e) decide the order in which issues are to be decided;

(f) exclude an issue from consideration;

(g) dismiss or decide on a claim after a decision on a preliminary issue makes a decision on further issues irrelevant to the outcome of the action;

(h) dismiss a claim summarily if it has no prospect of succeeding;

(i) consolidate any matter or issue or order them to be heard together;

(j) make any order pursuant to Rules 103 to 109.

Case law

IPPT20240219, UPC CFI, LD Munich, Huawei v Netgear
Interim decisions following case management hearing (Rule 334(d) RoP, Rule 336 RoP, (Rule 105(5) RoP): Reserving right to schedule an interim conference (Rule 35(b) RoP). Allowing pleadings until the conclusion of the written procedure, which in addition to the topics addressed in the Rules of Procedure, may also address topics that have been raised at the hearing, provided that they do so immediately in the earliest written submission. Setting end date for written procedure. Setting date for oral hearing at 18 June 2024. The language of the hearing will be English (language of the proceedings is German). . Setting value of infringement action at € 1 million, of the three nullity counterclaims at € 1 million and of the proceedings at € 2 million. 

IPPT20240212, UPC CFI, LD Paris, Dexcom v Abbott

IPPT20240212, UPC CFI, LD Paris, Abbott v Dexcom
Extension and alignment of deadline for filling Statement of Defence by multiple defendants in accordance with agreement between the parties at case management hearing, which is considered reasonable by the judge-rapporteur (Rule 9(3) RoP, Rule 23 RoP, Rule 334 RoP).

IPPT20240117, UPC CFI, LD The Hague, Plant-e v Arkyne
Ex officio order judge-rapporteur to extend deadline to file Defence in the Counterclaim for revocation and to reunite the claim and counterclaim workflows (Rule 9(3 RoP, Rule 311(1) RoP, Rule 334(a) RoP). Defence to the counterclaim for revocation not filed together with Reply to defence in the claim as required by Rule 29(a) RoP. The apparent misunderstanding of the relevant deadline [for Statement of defence to counterclaim for revocation] by Plant-e Knowledge will in this situation not be held against her; the consequences would be disproportionate.

IPPT20231004, UPC CFI, LD Hamburg, Avago v Tesla

Protection of confidential information (Rule 262A RoP). The competence of the judge-rapporteur for the present order in the written procedure follows from Rule 331(1) in connection with 334 and 335 of the Rules of Procedure.