Lodging of the Defence to the Counterclaim for infringement
Part 1 – Procedures before the Court of First Instance
Defence to the Application to Amend the Patent and Defence to the Counterclaim for Infringement
Rule 56 – Lodging of the Defence to the Counterclaim for infringement
- Within two months of service of a Counterclaim for infringement, the claimant shall lodge a Defence to the Counterclaim for infringement.
- The Defence to the Counterclaim for infringement shall contain the matters referred to in Rule 24.1(e) to (h) and (j) and a statement whether the claimant disputes the defendant’s assessment of the value of the Counterclaim pursuant to Rule 50.3 and the reasons for such dispute.
- The defendant may lodge a Reply to the Defence to the Counterclaim for infringement within one month.
- Within one month of the service of the Reply to the Defence to the Counterclaim for infringement the claimant may lodge a Rejoinder to the Reply together with any Rejoinder to the Reply to the Defence to the Application to amend the patent pursuant to Rule 43.3 and 55. The Rejoinder shall be limited to matters raised in the Reply.
Relation with Agreement:
Relation with Statute:
Linking to this rule:
Rule 43 – Exchange of written pleadings (revocation action)