Main Details: Case number UPC_CFI_201/2023 Date 14 December, 2023 Parties N.V. Nutricia v. Nestle Health Order/Decision reference ORD_594886/2023 Type of action(s) infringement Action Language of Proceedings English Court - Division Court of First Instance - Düsseldorf (DE) Local Division Headnotes: A Defence to the Counterclaim for revocation and any Application to amend the patent must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. Since the Counterclaim for revocation must be included in the Statement of Defence, R. 271.6 (b) RoP is not applicable to such a Counterclaim and to Applications to amend the patent. Keywords: Counterclaim for revocation; Application to amend the patent; time limit; fiction of access Back to Decisions and Orders
Main Details: Case number UPC_CFI_201/2023 Date 14 December, 2023 Parties N.V. Nutricia v. Nestle Health Order/Decision reference ORD_594886/2023 Type of action(s) infringement Action Language of Proceedings English Court - Division Court of First Instance - Düsseldorf (DE) Local Division Headnotes: A Defence to the Counterclaim for revocation and any Application to amend the patent must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. Since the Counterclaim for revocation must be included in the Statement of Defence, R. 271.6 (b) RoP is not applicable to such a Counterclaim and to Applications to amend the patent. Keywords: Counterclaim for revocation; Application to amend the patent; time limit; fiction of access Back to Decisions and Orders