Rules of Procedure of the Unified Patent Court (RoP)
Rule 25
Counterclaim for revocation
- If the Statement of defence includes an assertion that the patent (or patents) alleged to be infringed is (are) invalid the Statement of defence shall include a *Counterclaim for revocation of the patent or patents. The Counterclaim for revocation shall contain:
(a) an indication of the extent to which revocation of the patent or patents is requested,
(b) one or more grounds for revocation, which shall as far as possible be supported by arguments of law, and where appropriate an explanation of the defendant’s proposed claim construction.
(c) an indication of the facts relied on,
(d) the evidence relied on, where available, and an indication of any further evidence which will be offered in support,
(e) an indication of any order the defendant will seek during the interim procedure [Rule 104(e)].
(f) where the defendant assesses that the value of the dispute including the Counterclaim exceeds the value of the infringement action by more than [EUR***] an indication of the value of the dispute including the Counterclaim.
(g) a statement of his position, if any, on the options provided for in Article 33(3)(a), (b) or (c) of the Agreement and Rule 37.4.
(h) a list of the documents referred to in the Counterclaim for revocation together with any request that all or part of any such documents need not be translated. Rule 13.3 shall apply mutatis mutandis.
- The defendant shall at the same time supply a copy of each of the documents referred to in the Counterclaim for revocation.
Where the claimant is not the proprietor or not the only proprietor of the patent (or patents) concerned the Registry shall as soon as practicable serve a copy of the Counterclaim for revocation on the relevant proprietor(s) in accordance with Rule 13.1(e) and shall supply a copy of each document referred to in paragraph 2. The proprietor(s) in question shall become a party (parties) to the revocation proceedings and shall provide details pursuant to Rule 13.1(e) if not already provided by the claimant.
Notes
Status: 15th draft of 31st May 2013