UPC: No Amendment of Claim When Adapting Submissions to Technical Details
August 23, 2026
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 Rules of Procedure if, following the defendant's statement of defense, the attacked product appears different in technical details than described by the plaintiff in the statement of claim, and the plaintiff bases the infringement allegation in the reply on the technical functionality described by the defendant, as long as the infringement attack continues to refer to the generally described product and its challenged function. (LC Munich 11. 3. 2026, CFI 180/2025, CFI 210/2025)
