Casalonga UPC rules of procedure
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Rule 141Contents of the Request to lay open books

If the applicant has made a request pursuant to Rule 131.1(c), [1] Rules 134 to 136 [2] shall apply Rule 131 — Contents of the Application for the determination of damages. The Request shall contain:

(a) particulars in accordance with Rule 131.1(a) and (b); [3]

(b) details of any information ordered by the Court and given by the other party pursuant to Rule 191; [4]

(c) a description of the information held by the unsuccessful party to which the applicant requests access, in particular documents relating to turnover and profits generated by the infringing products or regarding the extent of use of the infringing process as well as accounts and bank documents, and any related document concerning the infringement;

(d) the reasons why the applicant needs access to this information;

(e) the facts relied on; and

(d) the evidence offered in support
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[1-
1. The Application for the determination of damages shall contain:
(c) if required a request for an order to lay open books (Rules 141 to 144) in which case the applicant shall provide the matters set out in Rule 141(b) to (e).

[2-
1. The Registry shall, as soon as practicable after the lodging of the Application for the determination of damages, examine whether the requirements of Rules 126, 131.1 and .2(d) and (e) and 132 have been complied with.
2. If the Application for the determination of damages does not comply with the requirements referred to in paragraph 1, the Registry shall invite the applicant to correct the deficiencies noted within a time period to be specified.
3. Rule 16.4 to .5 shall apply mutatis mutandis.

 
1. If the requirements referred to in Rule 131.1 and .2(d) and (e) have been complied with, the Registry shall as soon as practicable:
(a) record the date of receipt of the Application for the determination of damages;
(b) record the Application in the register;
(c) inform the applicant of the date of receipt;
(d) inform the panel which has given the decision on the merits on infringement that an Application for the determination of damages has been lodged;
(e) serve the Application upon the unsuccessful party.
2. The panel which has given the decision on the merits on infringement shall be the panel for the determination of damages unless for any reason this is not possible or practical in which case the presiding judge of the division concerned shall appoint a fresh panel. Rules 17.2 and 18 shall apply mutatis mutandis.

 
The Court may stay the Application for a determination of damages pending any appeal on the merits pursuant to Rule 295(g) on a reasoned request by the unsuccessful party. The applicant shall be given the opportunity to be heard. If the Court continues the proceedings on the Application it may order the applicant to render a security according to Rule 352.

[3-
1. The Application for the determination of damages shall contain:
(a) particulars in accordance with Rule 13.1(a) to (d);
(b) the date of the decision on the merits and the action number of the file;

[4-
The Court may in response to a reasoned request by a party order the other party or any third party to communicate such information in the control of that other party or third party as is specified in Article 67 of the Agreement or such other information as is reasonably necessary for the purpose of advancing that party’s case. Rule 190.1 second sentence, .5 and .6 shall apply -.