UPC CFI CD Paris, 2 July 2024: Admissible application to amend the patent in spite of using the wrong workflow
04-07-2024 Print this pageIPPT20240702, UPC CFI, CD Paris, Nokia v Mala Technologies

Application to amend the patent not inadmissible because Defendant failed to initiate the correct workflow in the CMS (Rule 4.1 RoP, Rule 49.2(a) RoP). The arguments underlying the Application to amend were brought to the attention of the court and Plaintiff within the 2-month time limit of R 49 (1), (2) RoP. No disadvantage arose for Plaintiff because Defendant failed to open a separate workflow. The Rules of Procedure have to be interpreted with reference to the principles of fairness and proportionality (Preamble No. 2 RoP).