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Procedural Order

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Main Details:

Case number
Registry number
FUJIFILM Corporation
Kodak GmbH a. o.
Order/Decision reference
Type of action(s)
Infringement Action
Language of Proceedings
Court - Division
Court of First Instance - Düsseldorf (DE) Local Division


1.Although the Statement of defence shall include a Counterclaim for revocation, the parties shall make use of the official forms available online. In practice, this means that the Counterclaim for revocation must also be filed in the workflow provided for this purpose by the CMS. Only when this requirement has been met is the Counterclaim for revocation properly filed. 2. Where the defendant has filed a Statement of defence in due time in accordance with the requirements of Rule 25.1 RoP, the time limit for filing the Counterclaim for revocation in the dedicated workflow of the CMS may be extended retrospectively upon request (Rule 9.3 (a) RoP) and subject to the following conditions: Firstly, the defendant must have already made a first attempt to file the Counterclaim for revocation in due time in the workflow provided for this purpose before the expiry of the time limit. Secondly, the defendant must have uploaded the Counterclaim for revocation to the correct workflow without culpable delay after the expiry of the deadline.


Statement of defence; Counterclaim for revocation; time period; deadline; extension of a time limit; retrospectively; CMS; workflow