Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
In this procedural order, the Local Chamber Munich clarifies the distinction between an amendment of claim and a mere substantiation. It does not constitute an amendment of claim within the meaning of Rule 263 of the…
Read more →In this decision, the Munich Local Chamber addresses highly practical questions regarding the adaptation of infringement allegations and the admissibility of conditional counterclaims for revocation. The Court clarified…
Read more →Mar 12, 2026
Pursuant to R 263.2 RoP, a request to amend the claim must be rejected if only one of the situations of exclusion set forth under (a) or (b) (delay or procedural delay) is met. Accordingly, the court must refuse to…
Read more →Mar 12, 2026
A change of claim by introducing a subsidiary claim shall be rejected if this broadens the claim of the dispute compared to what was previously submitted and asserted and no explanation is provided as to why this could…
Read more →On 5 August 2024, the claimant filed an action for patent infringement against a total of 14 defendants. The notice of the publication of the grant of the patent was published on 14 August 2024. On the same day, 14…
Read more →The inclusion of another member state in the list of countries for which a judgment for patent infringement is requested extends the scope of the original action. The claimant stated in their application that at the…
Read more →Mar 18, 2025
A party may apply to the Court at any stage of the proceedings for leave to change its claim. Such an application must state why this amendmenta) could not have been made with reasonable diligence at an earlier stage,…
Read more →Mar 13, 2025
Initially, the claimant filed auxiliary requests for a limited defense of the patent in suit, which were restricted to the German part of the European patent. Subsequently, the claimant submitted an amendment request…
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