Key takeaways
Admissibility of (later) applications for amendments
If auxiliary requests filed in the context of an application for amendment of the patent are to be amended later, the scope of R. 263 RoP is not open from the outset. The conditions under which applications for amendment of the patent are admissible are laid down in R. 30 RoP.
Amended application for amendment is new application for amendment
If an application for amendment of a patent is to be amended, such a request is to be classified as a further request for amendment within the meaning of Rule 30.2 RoP. It is admissible only with the permission of the Court.
Territorial limitation of an Application to Amend only to be considered if there are objective reasons therefor
In the light of Art. 34 UPCA and the requirements of – as a rule – a uniform decision, the territorial limitation of an application to amend the patent should only be considered if there are objective reasons for such a limitation.
Division
LD Duesseldorf
UPC number
UPC_CFI_355/2023
Type of proceedings
Infringement Proceedings
Counterclaim for Revocation
Application to Amend
Parties
Claimant: FUJIFILM Corporation
Defendants: Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
Patent(s)
EP 3 594 009
Body of legislation / Rules
Rule 30, 263 RoP, Art. 34 UPCA
