Case Law
Rule 264: An oppurtinity to be heard

Court of First Instance - Helsinki (FI) Local Division, Order dated 28/08/2023, AIM Sport Vision AG v. Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL (Case number UPC_CFI 214/2023, ORD_567559/2023)
Example of decision on the submission of written observations by the plaintiff and the defendant: “Based on rule 264 RoP where the rules provide that a party shall or may be given an opportunity to be heard before the Court makes an order or takes some action, the Court shall or may (as the case may be) request the parties to provide written submissions within a specified period and/or shall or may invite the parties to an oral hearing on a fixed date by the Court.”
“In the provisional measures procedure the applicant has the opportunity to lodge a written submission concerning the defendants’ arguments about the competence/jurisdiction of the UPC (section C.I on the preliminary objection), about the Issues relevant to individual Defendants (section C.VIII) and Territories (section C.IX) and about the procedural request concerning the Security for Costs (section F.IV). This submission is to be lodged in the CMS separately to the workflow concerning the provisional measures by September 4, 2023. It is to be noted that the CMS seems to have technical challenges concerning the workflow in question, so if the CMS does not allow the applicant to lodge the submission, it can be lodged by email to the following address: Contact_HELSINKI.LOC@unifiedpatentcourt.org
Regardless of the above there is no need to address the issue concerning the competence/jurisdiction of the Court concerning the application for seizure in Finland as it is not relevant at this stage of the proceedings.
The defendants have the opportunity to lodge a written submission concerning the issues specified above by September 11, 2023 noting the two separate workflows in the CMS and the technical challenges in the provisional measures workflow as explained above.”