1. Key takeaways
Strict requirements for extensions of deadlines
The Court may extend a deadline set by the Rules of Procedures only in case a party alleges and gives evidence that it will not be able or was not able to meet it because of a fact that makes the submission of a document or the arrangement of an adequate content of a pleading in the due time objectively impossible or very difficult.
No extension of deadline for filing the statement of defense because of a pending preliminary objection
R. 19.6 RoP expresses the general principle that the time periods set out by the RoP for the actions that the parties have to take in the written procedure are indifferent to the lodging of a preliminary objection.
2. Division
Central Division Paris (Panel 2)
3. UPC number
UPC_CFI_454/2023
4. Type of proceedings
General procedural application into a Revocation Action
5. Parties
Applicant: Roche Diabetes Care GmbH
Respondent: Tandem Diabetes Care, Inc.; Tandem Diabetes Care Europe B.V.
6. Patent(s)
EP2196231
7. Body of legislation / Rules
Rule 9 RoP; Rule 19 RoP; Rule 48 RoP
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