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– The names of the defendant and the defendant’s representative. 128 This rule does not mirror
the requirements for the SoC at r.13(1)(b) requiring the location of the defendant’s registered
office if it is a corporate entity; 129
– Postal and electronic addresses for service on the defendant and the names and addresses
of the persons authorised to accept service; 130
– The action number of the file; 131
– An indication of whether the defendant has lodged a preliminary objection; 132
– An indication of the facts relied on, including any challenge to the facts relied on by
the claimant; 133
– The evidence relied on, where available, and an indication of any further evidence which will
be offered in support; 134
– The reasons why the action should fail, arguments of law and any argument arising from
the provisions of art.28 UPCA (rights based on prior use of the invention) and, where
appropriate, any challenge to the claimant’s proposed claim interpretation; 135
– An indication of any order (e.g. regarding further pleading documents, experts, applicants
etc.) the defendant will seek in respect of the infringement action during the interim
procedure; 136
– A statement whether the defendant disputes the claimant’s assessment of the value of the
infringement action and the grounds for such a dispute; 137 and
– A list of the documents, including any witness statements, referred to in the SoD together
with any request that all or part of any such document need not be translated and/or any
request for confidentiality pursuant to rr.262(1) RoP and/or 262A. 138
12-60 As with the SoC, the defendant must, at the same time as lodging the SoD, supply a copy of
each of the documents referred to in the SoD. 139 The Registry will then examine the SoD for
compliance with the formal requirements in r.24(a) to (d) RoP. 140
Infringement Proceedings – Replies and Rejoinders
12-61 Within two months of service of a SoD (which does not include a counterclaim for revocation),
the claimant may lodge a reply to the SoD 141 and, thereafter, the defendant may lodge a
rejoinder within one month of service of the reply. The rejoinder to the reply to the SoD is
limited to a response to the matters raised in the reply. 142
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
r.24(a) RoP.
See paragraph 12-34 and explanation at fn. 53. However, the claimant has been required under r.13(1)(b) RoP to supply the
location of the defendant’s registered office and the defendant will be in a position to admit or correct it in the SoD.
r.24(b) RoP.
r.24(c) RoP.
r.24(d) RoP.
r.24(e) RoP.
r.24(f) RoP. See paragraphs 12-43 to 12-46 regarding a discussion of what evidence should be included with the SoC.
r.24(g) RoP.
rr.24(h) and 104(e) RoP.
r.24(i) RoP.
r.24(j) RoP. See paragraphs 12-38 to 12-40 regarding translations and paragraphs 12-47 to 12-49 regarding confidentiality.
r.13(2) RoP applies mutatis mutandis.
r.27 RoP. See also paragraphs 12-50 to 12-54 in relation to examining the requirements of the SoC and the consequences if
they are not met.
r.29(b) RoP. See timeline at the Annex to chapter 11.
r.29(c) RoP.
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A Guide to the UPC and the UP 217
