Key takeaways
The extension of an infringement action by including claims from a further patent after
the termination of limitation proceedings for such patent is admissible.
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Rule 263 RoP allows the amendment of a pending case under certain conditions. In this case, the Plaintiff extended the pending complaint by asserting claims from a further patent, after the limitation proceedings for this patent were concluded. The court found this extension to be admissible, as Plaintiff was justified in waiting for the conclusion of the limitation proceedings.
Division
Local Division Munich
UPC number
UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023
Type of proceedings
Action for infringement
Parties
Huawei Technologies Co. Ltd (Plaintiff and Claimant)
NETGEAR Deutschland GmbH, Netgear Inc. and Netgear International Limited (Defendant and Respondent)
Patent(s)
EP3611989
Body of legislation / Rules
Rule 263 RoP
