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ARTICLE · 08 JULY 2024

LD Duesseldorf, June 24, 2024, Procedural Order, UPC_CFI_456/2023

Bardehle Pagenberg
Bardehle Pagenberg
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If access to written pleadings is restricted to representatives only according to R. 262A RoP, this is regularly a reason for the extension of time limits...

GermanyIntellectual Property

1. Key takeaways

If access to written pleadings is restricted to representatives only according to R. 262A RoP, this is regularly a reason for the extension of time limits

R. 9.3 (a) RoP authorizes the court to extend time limits. However, this option should only be used with caution and only in justified exceptional cases.

Such an exceptional case regularly exists if access to a written pleading in the unredacted version, due to an application for the protection of confidential information (R. 262A RoP), was initially restricted to the representatives. Only by granting access to the information in question to the party's knowledgeable employees can it be ensured that the party concerned can exchange information with its representatives, develop a strategy by taking into account the arguments of the other party and, if necessary, provide technical and/or economic input.

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