Case Law
Rule 36: Further exchanges of written pleadings

Court of First Instance - Düsseldorf (DE) Local Division, Order dated 30/10/2024, FUJIFILM Corporation v. Kodak GmbH (Case/ Registry number: App_54506/2024, ORD_54796/2024)
Example of decision on further exchanges of written pleadings: "The fact that the Claimant refers, in support of its request, to the fact that it had only one oppor tunity to submit written observations on the right of prior use is a consequence of the Rules of Procedure and of the time limits laid down therein. However, in order to give the Claimant the opportunity to present further arguments if necessary, R. 36 RoP provides for the possibility of requesting permission to file additional pleadings. In assessing the prospects of success of such request, the Court must, on the one hand, take into account of the reasons put forward by the Claimant as to why, in its view, further pleadings are necessary. However, the Court must also take into account the impact of further pleadings on the further course of the proceedings and the associated risk of delay."

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.”