UPC CFI LD Munich, 25 September 2024: leave to amend claim after judgment Bundespatentgericht
18-11-2024 Print this pageIPPT20240925, UPC CFI, LD Munich, Hereaeus v Vibrantz - II

Leave to change claim granted following judgment of the Bundespatentgericht of 7 May 2024, except for claim II.2, which is not related thereto and could have been asserted as early as 12 March 2024 (R. 263 RoP).
The amendment to the action almost three months later is no longer within the bounds of due diligence and must therefore be rejected. This also applies with regard to the subsequent claims referring to it.
The plaintiff is free to assert these claims by filing a separate action.