UPC CoA, 21 November 2024: Not every new argument requires leave to amend the case
26-11-2024 Print this page
Not every new argument constitutes an “amendment of a case” (R. 263 RoP).
An amendment of the case in the sense of R. 263 RoP only occurs when the nature and scope of the dispute changes such as through the introduction of a new patent or objection to a new product. A new basis for infringement (such as equivalence) merely concerns the extent of protection conferred under the art. 69 EPC and the corresponding protocol.
If a new argument is not an amendment of the case, the CFI has discretion regarding a violation of the obligation under R. 13 RoP to set out the case as early as possible.
R. 13 RoP sets limitations on what arguments may be raised after the Statement of claim because parties are required to set out their cases as early as possible. The CFI has discretion to hold that new argumentation does not violate R. 13 RoP.