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Rules of Procedure of the Unified Patent Court (RoP)

Rule 56

Lodging of the Defence to the Counterclaim for infringement

  1. Within one month of service of a Counterclaim for infringement, the claimant shall lodge a Defence to the Counterclaim for infringement. The period may be extended by the judgerapporteur on a reasoned request by the claimant.
  2. The Defence to the Counterclaim shall contain the matters referred to in Rule 24.2(e) to (h) and (j) and a statement whether the claimant disputes the defendant’s assessment of the value of the dispute (including the Counterclaim) pursuant to Rule 50.3 and the reasons for such dispute. Rule 24.2 shall apply.

  3. The defendant may lodge a Reply to the Defence to the Counterclaim for infringement within one month.
  4. The claimant may lodge a Rejoinder to the Reply within one month of the service of the Reply. The Rejoinder shall be limited to matters raised in the Reply.

Notes

Rules 33 and 34 on Request for allocating a technically qualified judge shall apply where the revocation action is heard by local division or regional division

Rule 35 on Closure of the written procedure shall apply mutatis mutandis

Rule 36 on Further exchanges of written pleadings shall apply

Status: 15th draft of 31st May 2013