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ARTICLE · 05 AUGUST 2025

LD Düsseldorf July 30, 2025 Decision On Merits, UPC_CFI_26/2024

Bardehle Pagenberg
Bardehle Pagenberg
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The Court can reject a new line of arguments pursuant to R. 9.2 RoP in a case where the issue has been raised from the outset and the new argument is based on completely different passages...

GermanyIntellectual Property
Alexander Wunsch
Alexander Wunsch
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1 Key takeaways

Late filed argument based on known document

The Court can reject a new line of arguments pursuant to R. 9.2 RoP in a case where the issue has been raised from the outset and the new argument is based on completely different passages of a lengthy document. Neither the Court nor the other party may be forced to deal with it from scratch. This undermines the concept of the front-loaded procedure established by the Rules of Procedure.

2 Division

LD Düsseldorf

3 UPC number

UPC_CFI_26/2024

4 Type of proceedings

Infringement action / counterclaim for revocation

5 Parties

Claimant:

Headwater Research LLC

Defendants:

Samsung Electronics GmbH

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