Rule 35 – Closure of the written procedure

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Following the exchange of written pleadings in accordance with Rule 12.1 and, where applicable, in accordance with Rule 12.2 to .4, the judge-rapporteur shall:

(a) inform the parties of the date on which he intends to close the written procedure, without prejudice to Rule 36; and

(b) where an interim conference is necessary [Rules 28 and 101.1], confirm the date and the time set for the interim conference [Rule 28] or inform the parties that an interim conference will not be held.


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.