Topics: Leave to Amend
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LD Brussels, August 17, 2026, Order on Admission of Auxiliary Request, UPC_CFI_806/2025, UPC_CFI_185/2026
An amendment to a party’s case cannot be allowed if it could have been foreseen from the outset of the proceedings (R. 263 RoP, R. 30.2 RoP): Granting leave to amend at a late stage would allow the applicant to change its litigation strategy after the fact. A diligent patentee should coordinate its EPO and…
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