Rules of Procedure of the Unified Patent Court (RoP)

Rule 116

Absence of a party from the oral hearing

1. A party which does not wish to be present at the oral hearing shall inform the Registry in good time. Where both parties have informed the Registry that they do not wish to be present at the oral hearing, the Court may decide the action in accordance with Rule 117.

2. The Court shall not be obliged to delay any step in the procedure, including the decision on the merits, by reason only of the absence of a party from the oral hearing.
3. A party absent from the oral hearing shall be treated as relying only on its written case and not wishing to contest any new submission that the other party may be allowed to make at the oral hearing.
4. If due to an exceptional occurrence a party is prevented from attending the oral hearing, the Court shall upon a reasoned request of that party, adjourn the oral hearing.

Notes

Status: 15th draft of 31st May 2013