In an order dated 17 June 2024, the Unified Patent Court's Court of Appeal has granted Volkswagen AG the right to submit additional written pleadings in the ongoing appeal against Network System Technologies LLC (NST). This order shows the adaptability of the Court of Appeal when it comes to procedural rules.
Background of the Case
Volkswagen had previously requested the Court of First Instance to require NST to provide security for the legal costs in a patent litigation concerning EP 1 552 399. The request was denied, prompting Volkswagen to appeal, arguing that the First Instance court had applied erroneous legal standards and misinterpreted facts. As the appeal progressed, Volkswagen felt compelled to correct certain factual assertions made by NST, which it believed were misleading and pertinent to the court’s understanding of the case.
The Rationale
The Court of Appeal’s decision to allow additional written pleadings is rooted in R.36 of the Rules of Procedure (RoP), which permits such submissions if they are sufficiently reasoned and made before the closure of the written procedure. The court found that Volkswagen's submission met these criteria, particularly emphasizing the need for factual accuracy in the proceedings.
The Court of Appeal also referenced R.239.1 RoP, asserting that interim procedural rules (Rules 101-110 RoP) are applicable mutatis mutandis in appeal proceedings, thereby also validating the use of Rules 35 and 36 RoP in this context. This interpretation ensures a thorough and fair examination of all aspects of the case by allowing parties to correct or add crucial information that could influence the outcome.
Key takeaways