UPC CFI CD Munich, 24 January 2024: generally, no right to reply to Rejoinder

27-01-2024 Print this page

No automatic right for Claimant to reply to Rejoinder by Defendant (Rule 12 RoP, Rule 43 RoP). 

Generally, fixed framework of written submissions (Rule 43 RoP) and front-loaded character of the UPC proceedings designed to conduct UPC proceedings in an efficient, proportionate, fair and equitable way. 


Request allowable: a bona fide attempt to respond concisely to new points made for the first time in the last written submission. 


No right Defendant to react to reply: right to be heard does not entail that there should be yet another exchange between the parties. Defendant has the right to be heard at the oral hearing. 


IPPT20240124, UPC CFI, CD Munich, Sanofi-Aventis v Amgen