A guide to the UPC and the UP - Flipbook - Page 245
he or she considers appropriate. The Registry will then assign the action to a panel. In each
instance, the panel will be assigned in accordance with the seat/section’s action-distributionscheme. The procedure is summarised in figure 12-6.
12-125 Where the parties agree, the presiding judge of the panel to which the action is allocated shall
assign the action to a single, legally qualified judge of the panel. 277
Figure 12-6: Procedure for Assigning an Action in the Central Division
No
Infringement action involves single
patent with single classification?
Yes
Registry allocates actionto
seat/section of central division
appropriate to patent classification
and then to a panel (r.17(3)(a))
No
Action involves morethan one patent
and majority have a singleclassification?
Yes
Registry allocates action to the
seat/sectionof the central division
and then to a panel (r.17(3)(b))
Action involves single patent
with multiple classifications?
No
Yes
Registry assigns action to a
panel at the seat/section appropriate
to the first classification
(r.17(3)(c))
Action involves more than
one patent. Registry assigns one patent.
Registry assignssection appropriate
to the first classification of first
patent listed in SoC
Presiding judge of panel
considers reference of action
to be appropriate?
Presiding judge acceptsaction (r.17(3)(c))
Yes
No
Second Presiding judge
considers reference of
action is appropriate?
Yes
Presiding judge acceptsaction (r.17(3)(c))
Presiding judge instructs Registry to
refer action to presiding judge of a
panel of the seat or other section of
the central division he considers
appropriate (rr.17(3)(c))
No
President of Court of First Instance
informed and allocates action to
seat/section he considers
appropriate (r.17(3))
Registry assigns action to a panel
(rr.17(3),345(3))
Defence, Reply and Rejoinder
12-126 Whether or not the defendant lodges a preliminary objection, it must lodge any defence within
two months of service of the statement for revocation. 278 The defence must contain the
information set out in r.50 RoP. The first three requirements are incorporated by crossreference to the list setting out the contents of the SoD, 279 with the remainder of the
requirements being incorporated by cross-reference to the contents of the defence to
counterclaim. 280 As such, the defence to revocation must contain:
277
278
279
280
r.345(6) RoP.
r.49(1) RoP. See figure 12-5 and for the complete timeline leading to the oral hearing, see the Annex to chapter 11.
rr.24(a) to (c) RoP. See paragraph 12-59.
rr.29A(a) to (d) and (f).
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 235
