UPC CFI, LD Mannheim, 14 May 2025: Whether amendment is an allowable amendment depends on claim interpretation - decision postponed until hearing

The final decision on whether to grant leave to amend the case to the effect that the infringement action also covers the AM67x product as an attacked embodiment postponed until the oral hearing because it may depend on claim interpretation (R. 263 RoP). Whether the new explicitly attacked embodiments have the same actual characteristics with regard to the features of the relevant patent claim as the attacked embodiments listed in the statement of claim and whether they will thus be covered by the operative part of a decision on the merits anyway, can only be assessed with certainty once the construction of the patent and the relevant facts of the case are established by the panel

IPPT20250514, UPC CFI, LD Mannheim, Total Semiconductors v Texas Instruments - II