Germany: Litigation, Mediation & Arbitration

The Court of Appeal addresses whether the deadline for submitting a Statement of response to an appeal can be extended when new information becomes available after the Statement of grounds of appeal was received. This procedural decision involves an appeal between Fives ECL and REEL GmbH concerning European Patent EP 1 740 740, examining the application of specific UPCA articles and Rules of Procedure governing extension of time limits in UPC appeal proceedings.

The Local Division Düsseldorf issued a procedural order addressing service of a statement of claim under The Hague Convention when Chinese authorities indicate a defendant refuses to accept documents. The order clarifies whether such refusal constitutes sufficient service and examines the application of Rule 275.2 RoP for immediate service without requiring alternative methods under Rule 275.1 RoP.

The Court of Appeal addresses three consolidated appeals concerning withdrawal procedures and fee reimbursement requests in patent infringement proceedings. TIRU's appeals against VEOLIA PROPRETE, MAGUIN SAS, and VALINEA ENERGIE involve procedural matters related to European Patent EP 3 178 578, raising questions about the application of Rules of Procedure governing appeal withdrawals and cost recovery.