Rules of Procedure of the Unified Patent Court (RoP)

Rule 357

Decision by default (Court of Appeal)

1. Rules 355 and 356shall apply mutatis mutandis where a respondent on whom a Statement of appeal and a Statement of the grounds of appeal have been duly served fails to lodge a Statement of response or where a party fails to file a Reply to a Statement of Cross-Appeal or translations ordered by the judge-rapporteur.

2. If the respondent fails to lodge a Statement of response and fails to lodge an Application to set aside pursuant to Rule 356 the Court of Appeal shall consider the merits of the appeal and if the appeal is well-founded it shall give a reasoned decision.

3. For the avoidance of doubt the provisions of Rules 355 and 356 shall not apply where a party fails to comply with the time limits set in Rule 224.1.

Notes

Status: 15th draft of 31st May 2013