UPC CFI, LD Munich, 2 December 2024: Panel review allows amendment of claims

Panel review: Change of claim to include Romania allowed (R. 263 RoP, R. 333 RoP)). The two extensions of the action shall be allowed because both parties have requested that the question of infringement and validity concerning Romania also be heard and decided. 

Amendment of claim to include process claim allowed: does not constitute a change of claim within the meaning of Rule 263 RoP. This is because, following the example of the Court of Appeal, no other patent is being asserted. The infringement allegation regarding the same product is merely supported by an additional patent claim. Accordingly, only Rule 13 in conjunction with point 7 of the preamble and Rule 9.2 Rules of Procedure are to be examined.

IPPT20241202, UPC CFI, LD Munich, Heraeus v Vibrantz