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Procedural Order

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Main Details:

Case number
UPC_CFI_201/2023
Date
Parties
N.V. Nutricia
v.
Nestle Health
Order/Decision reference
ORD_594886/2023
Type of action
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