Rule 24 – Contents of the Statement of defence
Content
The Statement of defence shall contain:
(a) the names of the defendant and of the defendant’s representative;
(b) postal and electronic addresses for service on the defendant and the names and addresses of the
persons authorised to accept service;
(c) the action number of the file;
(d) an indication whether the defendant has lodged a Preliminary objection [Rule 19];
(e) an indication of the facts relied on, including any challenge to the facts relied on by the claimant;
(f) the evidence relied on [Rule 170.1], where available, and an indication of any further evidence which
will be offered in support;
(g) the reasons why the action shall fail, arguments of law and any argument arising from the provisions
of Article 28 of the Agreement and where appropriate any challenge to the claimant’s proposed claim
interpretation;
(h) an indication of any order the defendant will seek in respect of the infringement action during the
interim procedure [Rule 104(e)];
(i) a statement whether the defendant disputes the claimant’s assessment of the value of the infringement
action and the grounds for such dispute; and
(j) a list of the documents, including any witness statements, referred to in the Statement of
defence together with any request that all or part of any such document need not be translated
and/or any request pursuant to Rule 262.2 or Rule 262A. Rule 13.2 and .3 shall apply mutatis mutandis.
Related Cases
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- UPC CFI 173/2024 and 424/2024 – Nera Innovations Ltd. v Xiaomi Communications Co, Ltd. et al.
- UPC CFI 365/2023 – FUJIFILM Corporation v Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
- UPC CFI 241/2023 – Oerlikon Textile GmbH & CO KG v Bhagat Textile Engineers
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