UPC CFI LD Munich, 6 August 2024: No leave to change claim - should have been filed by mid-February

Leave to change claim rejected (Rule 263(2)(a) RoP). If either condition is not met, the court's discretion is reduced to zero and it must refuse the application.The applications for injunctive relief and further corrective measures, i.e. recall, permanent removal and destruction of the allegedly infringing embodiments, could, with reasonable diligence, have been brought earlier than 06/05/2024. The statement of claim was served on the defendants on 17/02/2024. 

Therefore, the application for amendment could and should have been filed by mid-February at the latest. 

As this is a clear-cut case leave to appeal is not granted (Rule 220(2) RoP).

IPPT20240806, UPC CFI, LD Munich, Motorola v Ericsson