Rule 110 – Closure of the interim procedure

1. As soon as the judge-rapporteur considers that the state of preparation of the file is adequate, he shall inform the presiding judge and the parties that the interim procedure is closed in view of the oral hearing.

2. Where final dates have been set pursuant to Rules 103 and 104 the interim procedure shall be deemed closed on the last date set.

3. The oral procedure shall start immediately after the interim procedure is closed. The presiding judge shall, in consultation with the judge-rapporteur, take over the management of the action.

Case Law

IPPT20250821, UPC CFI, LD Düsseldorf, Hartmann Packaging v Omni-Pac

Closure of the interim procedure, instructions for oral hearing (R. 105.5 RoP, R. 110.1 RoP): skilled person, claim features, table for (provisional) damages, claimant should prepare to explain in the oral proceedings, based on its understanding of the technical teaching protected by the contested patent, […], parties are instructed to upload to the CMS any sketches or documents to which they may wish to refer for clarification during the oral hearing but which have not yet been submitted to the file.

IPPT20240917, UPC CFI, LD Mannheim, Panasonic v Orope
Request after conclusion of interim conference to hear party expert as a witness at the oral hearing rejected (R. 110 RoP, R. 181 RoP). Moreover, the request fails to recognise that, according to the party's own submission, the person named is not to be heard as a witness. Witnesses provide information on facts that are disputed and relevant to the decision. There is also no reason at present to hear the party-appointed expert in accordance with Rule 181 RoP. Should the submission, if deemed admissible, be relevant and the court consider it necessary to examine the party-appointed expert, this will have to be discontinued as part of a decision pursuant to Rule 114 RoP.