UPC CFI LD Dusseldorf, 30 July 2024: The scope of R. 263 RoP is not limited to the main proceedings

The scope of R. 263 RoP is not limited to the main proceedings. It also applies to applications for provisional measures. The applicant may also apply for leave to change its claim or to amend its case. If the applicant adds a feature which was previously only “alternatively” claimed, this narrows the scope of a possible preliminary injunction. Embodiments which satisfy all the other features but not the now added feature are no longer covered by a possible preliminary injunction. If this limitation is unconditional, R. 263.3 RoP applies.
 

IPPT20240726, UPC CFI, LD Düsseldorf, Valeo Electrification v Magna

Unified Patent Court