A guide to the UPC and the UP - Flipbook - Page 246
– The names of the defendant and of the defendant’s representative; 281
– Postal and electronic addresses for service on the defendant and the names and addresses
of the persons authorised to accept service; 282
– The action number of the file; 283
– An indication of the facts relied on, including any challenge to the facts relied on by
the defendant; 284
– An indication of the evidence relied on where available. It is also possible to indicate further
evidence which will be offered in support; 285
– The reasons why the revocation action shall fail, including arguments of law and any
argument as to why any dependent claim of the patent is independently valid; 286
– An indication of any order the proprietor will seek during the interim conference; 287 and
– A list of the documents, including any witness statements, referred to in the defence
together with any request that all or part of any such document shall not be translated
or that they be kept confidential. 288
12-127 As with the statement for revocation, the Registry examines the defence to establish whether
it fulfils the formal requirements. 289
12-128 Where there is no counterclaim for infringement and the patentee has not made an application
to amend the patent, the claimant has two months from service of the defence to revocation to
lodge a reply. 290 Within one month of service of the reply, the defendant may lodge a rejoinder.
The rejoinder is limited to a response to the matters raised in the reply. 291
12-129 Where there is an application to amend the patent, see paragraphs 12-75 to 12-91 for the
procedure to be followed.
281
282
283
284
285
286
287
288
289
290
291
r.50 RoP referring to r.24(a) RoP.
r.50 RoP referring to r.24(b) RoP.
r.50 RoP referring to r.24(c) RoP.
r.50 RoP referring to r.29A(a) RoP.
r.50 RoP referring to r.29A(b) RoP. See paragraphs 12-43 to 12-46.
r.50 RoP referring to r.29A(c) RoP.
r.50 RoP referring to r.29A(d) RoP.
r.50 RoP referring to r.29A(f) RoP. Rr.13(2) and (3) RoP relating to the SoC apply mutatis mutandis regarding the supply of
copies of documents referred to and decisions of the judge-rapporteur regarding translations and confidentiality. See
paragraphs 12-38 to 12-40 and 12-47 to 12-49.
r.54 referring to r.27 RoP. See paragraphs 12-50 to 12-54 in relation to examining the requirements of the SoC and the
consequences if the requirements are not met.
r.51 RoP. See figure 12-5.
r.52 RoP.
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A Guide to the UPC and the UP 236
