Munich Central Division on late filing issues and cost assessment during the interim procedure

Key Directives from the Interim Conference

During the interim conference, which took place via video conference, several decisions were made. A significant item was the court's handling of document D46, contested by the Defendant for being late-filed. However, after discussions, the Defendant withdrew its objection, and the document was admitted, setting a deadline for the Defendant’s response to the new invalidity arguments raised by the claimant based on D46.

The court also took a stand on the amendment of patent claims and auxiliary requests, emphasizing the front-loaded nature of UPC proceedings and setting a clear expectation against last-minute requests and submissions.

Valuation of the Proceedings and Costs

Agreement was reached on the value of the proceedings with the court outlining the procedure for submitting and updating exhibits related to costs, reflecting a structured approach to managing the financial aspects of the case.

Notably, the Court presents guidance on the cost assessment as follows:

“In order for the parties and the Court to assess whether costs incurred are indeed reasonable and proportionate and whether or not equity requires otherwise, the Court and parties must have access to information showing at least a detailed description of the number of hours spent working on this particular case, by whom, what for and at what rate. The same applies to any expenses incurred.”

Key Takeaways:

  • Adaptability: The court's handling of document D46 underscores the flexibility within UPC proceedings to accommodate new evidence, balancing thoroughness with procedural timelines.
  • Front-Loaded Nature of UPC Proceedings: The emphasis on early and comprehensive case presentation reiterates the court's expectation for precision and efficiency from the outset.
  • Structured Approach to Costs: The detailed directives regarding the submission of cost-related exhibits seem to be appropriate and well balanced.