Case Law
Rule 36: Further exchanges of written pleadings

Court of First Instance - Paris (FR) Central Division - Seat, Order dated 27/02/2024, Meril Italy srl / Edwards Lifesciences Corporation (Case number UPC_CFI_255/2023 ORD_10310/2024)
Example of decision on the subsequent request to amend the patent and the case: “8. The referred Rule 36 ‘RoP’, applicable to the revocation actions by virtue of Rule 58 ‘RoP’, states that ‘Without prejudice to the powers of the judge-rapporteur pursuant to Rule 110.1, on a reasoned request by a party lodged before the date on which the judge-rapporteur intends to close the written procedure [Rule 35(a)], the judge-rapporteur may allow the exchange of further written pleadings, within a period to be specified. Where the exchange of further written pleadings is allowed, the written procedure shall be deemed closed upon expiry of the specified period..”
“9.The provision confers to the judge-rapporteur the discretionary powers to allow further exchange of written pleadings in addition to the ones mentioned in Rule 43 ‘RoP’.”
“11. With particular regard to the statutory regime concerning the written procedure, it has to be considered that this regime shall, in principle, ensures that proceedings are carried out in compliance with the principle of due process, allowing the parties to illustrate the facts and the legal arguments on which a claim or a defence is based and to take position on the arguments, in fact and in law, of the opposing party, and, as a result, delimiting the subject-matter of the proceedings.”