Key takeaways
Strict application of R. 263.1 RoP regarding a party’s application for leave to change its claim
Pursuant to R. 263.2 RoP, leave shall not be granted if the party seeking the amendment cannot satisfy the Court that (a) the amendment could not have been made with reasonable diligence at an earlier stage and (b) the amendment will not unreasonably hinder the other party in the conduct of its action. Both requirements must be met independently. If either condition is not met, the Court’s discretion is reduced to zero and it must refuse the application.
The burden of proof that both the requirements of R. 263.1 RoP and no grounds for exclusion under R. 263.2 RoP are met lies with the applicant.
Division
Local Division Munich
UPC number
UPC_CFI_41/2024
Type of proceedings
Infringement action
Parties
Applicant: Motorola Mobility LLC
Respondants: Telefonaktiebolaget LM Ericsson; Ericsson GmbH
Patent(s)
EP 3 780 758
Body of legislation / Rules
R. 263 RoP
