Topics: claim amendments
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LD The Hague, February 18, 2026, application to amend, UPC_CFI_616/2025
An amendment to include a new product is permissible, but may be unnecessary if the initial claim for injunctive relief is already broadly worded: The Court found the claimant’s request for relief against infringing products “and/or further versions or variants thereof” was already broad enough to cover the new product. Even if one would consider…
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LD Munich, March 31, 2025, Order of the Court of First Instance, UPC_CFI_425/2024
Patent owners are not restricted in amending patents to counterclaims for revocation: The patentee may also request amendments to the patent that are not directly related to the grounds for invalidity arising from the counterclaim. The purpose of Rule 30 RoP is to give the patentee the opportunity to ‘save’ its patent in an amended…
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LD Hamburg, December 30, 2024, No preliminary decision on admissibility of amendments of claims, UPC_CFI_173/2024 und 424/2024
No preliminary decisions on admissibility of requests for amendment of claims (Rule 263 RoP, Rule 30 RoP): It is generally not procedurally efficient to decide on the substantive admissibility of requests to amend claims (Rule 30 RoP) and corresponding amendments of the claim or the case (Rule 263 RoP) in a preliminary decision pursuant to…
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LD Munich, August 6, 2024, application for leave to change claim, UPC_CFI_41/2024
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…
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CD Paris, 27 February 2024, order on request to amend the patent, UPC_CFI_255/2023
Request to further “amend the case” or “amend the patent” by defendant in revocation action due to invalidity attacks brought in the parallel counterclaim for revocation was rejected: Defendant in revocation action applied to amend the patent in due time, i.e, within the time period for lodging the defence to revocation. It then requested a…
6 min Reading time→
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