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UPC APP 54506/2024

EP3594009 · LITHOGRAPHIC PRINTING PLATE ORIGINAL PLATE, AND METHOD FOR PRODUCING LITHOGRAPHIC PRINTING PLATE

Case details
Status
—
Action
Procedural application
Category
Other procedural
Parties
Claimants
Representatives
Respondents
Representatives
Division
Dusseldorf LD
Judges
—
Technology
  • Instruments
    Optics
  • Mechanical engineering
    Textile and paper machines
Language
—
First decided
Oct 30, 2024
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Dusseldorf LDLocked

At the UPC: Fujifilm Group (52 cases)·Kodak Group (52 cases)

Decisions
  • 2024-10-30

    Summary: Düsseldorf Local Division procedural order on FUJIFILM's request for permission to file additional written pleadings (R. 36 RoP) to respond to Kodak's right-of-prior-use defence in patent infringement proceedings. The court set out the test: the court must consider the reasons given for the necessity of further pleadings, but also the effect on the proceedings and the risk of delay. A claimant has only one opportunity under the standard timetable to address a prior-use defence, but R. 36 provides a safety valve.

    Show the legal issues (3)
    • Additional written pleadings (R. 36 RoP)
    • Prior use right defence
    • Timetable and risk of delay
Documents
  • D669B19F1065129CE274E537F6A040B7_en.pdf2024-10-30EN