Topics: R. 263.2 RoP
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LD Paris, July 29, 2026, Order on subsequent request to amend the patent and on late submissions, UPC_CFI_530/2025
A subsequent request to amend the patent under Rule 30.2 RoP is only admissible under exceptional and cumulative circumstances: The claimant must demonstrate that the amendment could not have been filed earlier with reasonable diligence, and that it does not unreasonably hinder the defendant(s) in conducting the proceedings. Both conditions must be met cumulatively (see…
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LD The Hague, Infringement Action, February 24, 2026, UPC_CFI_619/2025
Broad injunctive relief covers future product variants without claim amendment (R. 263 RoP): Following the CoA’s Abbott/Sibio ruling (UPC_CoA_328/2024), a claimant requesting general injunctive relief covering patent claims can capture future product variants without amending its claim, provided the prayer for relief is drafted broadly enough, e.g., including “further versions or variants thereof.” Amendment to…
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LD Munich, February 28, 2025, Order, UPC_CFI_483/2024
Amendment of case (Rule 263 RoP): The claimant sought to amend the case to include the Netherlands after the patent was restored there. The application was made under Rule 263 of the Rules of Procedure (RoP) of the Unified Patent Court (UPC). Reasonable Diligence Requirement (Rule 263.2(a) RoP) : The claimant failed to demonstrate reasonable…
3 min Reading time→
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