UPC Local Division Munich, 11 December 2023: Leave to amend case by including second patent
20-12-2023 Print this page
Leave to amend the case by including a second (related) patent (EP 3678321) (Rule 263 RoP)
The requirements for a refusal of admission are not met.
The court is convinced that the amendment in question could not have been made earlier with due diligence.
If both patents are jointly managed within the same infringement proceedings, the court is obliged to grant the defendant largely the same defence options in relation to the second patent as in the case of a new, further action. This can be done by granting or extending deadlines for comments. In the case of separation of the subject matter of the extension of the action, this would even be simplified.
The parties will be heard in a separate workflow on the question of whether the subject matter of the extension of the action can or should be separated (see here).
