Rules of Procedure of the Unified Patent Court (RoP)

Rule 24

Contents of the Statement of defence

1. The *Statement of defence shall contain

   • (a) the names of the defendant and of the defendant's representative,
     (b) postal and electronic addresses for service on the defendant and the names and addresses of the persons authorised to accept service,
     (c) the action number of the file,
     (d) an indication whether the defendant has lodged a Preliminary objection [Rule 19],
     (e) an indication of the facts relied on, including any challenge to the facts relied on by the claimant,
     (f) the evidence relied on [Rule 170.1], where available, and an indication of any further evidence which will be offered in support,
     (g) the reasons why the action shall fail, arguments of law including any assertion that the patent (or patents) concerned is (are) invalid and any argument arising from the provisions of Article 28 of the Agreement and where appropriate any challenge to the claimant's proposed claim interpretation.
     (h) an indication of any order the defendant will seek in respect of the infringement action during the interim procedure [Rule 104(e)],
     (i) a statement whether the defendant disputes the claimant’s assessment of the value of the infringement action and the grounds for such dispute
     (j) a list of the documents referred to in the Statement of defence together with any request that all or part of any such document need not be translated. Rule 13.3 shall apply mutatis mutandis.

2. The defendant shall at the same time supply a copy of each of the documents referred to in the Statement of Defence.

Notes

Status: 15th draft of 31st May 2013