In a decision on the merits issued on AGFA v numerous Gucci entities (UPC_CFI_278/2023) the Hamburg Local Division reemphasised the importance of filing arguments at the earliest possible stage of the proceedings. In their counterclaim for revocation the Gucci entities focused primarily on attacking the novelty of the litigated patent. An attempt to introduce inventive step attacks was only made during the oral hearing. The Court rejected the additional attacks stating that they should have been made, at latest, during the rejoinder to the response to the counterclaim for revocation and reiterating the front loaded nature of UPC proceedings. The patent was found to be valid.
This decision is an important reminder to litigants of the importance to file all arguments they may wish to rely on during the written proceedings stage if the risk of arguments being disregarded was to be avoided.
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