Topics: R. 30.1 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 Düsseldorf, 3 July 2026, Procedural Orders, UPC_CFI_604/2026 | UPC_CFI_2108/2026
Strict requirements for the production of documents under R. 190 RoP: The Court dismissed Claimant’s request for the production of documents under R. 190 RoP as Claimant failed to identify which facts it seeks to prove, did not identify by which means of evidence and did not explain for what purpose, i.e. the necessity of…
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LD Milan, May 5, 2026, Decision, UPC_CFI_727/2024
Prosecution file statements before the EPO, while not binding, may guide claim interpretation as reflecting the skilled person’s view (Art. 69 EPC, Art. 24(1)(c) UPCA): The claimant’s own statement during EPO grant proceedings — that abutment of a rolling body row against an edge was “essential” for achieving simultaneous preloading — confirmed the Court’s strict…
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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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