UPC CFI, LD Mannheim, 8 August 2025: No leave to introduce new prior art - which could have easily been found - in counterclaim for revocation
12-11-2025 Print this page
Panel confirmation of order dismissing leave to amend counterclaim for revocation by introducing new prior art (R. 263 RoP, R. 333 RoP).
Same principles of weighing of interests and discretion apply when the amendment concerns a counterclaim for revocation.
On a regular basis, the interest of the claimant of an infringement action and the interest of the defendant of a counterclaim for revocation outweigh the interest of the defendant of the infringement action and claimant of the counterclaim for revocation in a situation where the additional prior art document that is introduced after or only shortly before the submission of the defence to the counterclaim for revocation is easy to be found in an usual (electronic) prior art search when using a proper search string, regardless of whether the failure to include such document in the counterclaim for revocation constitutes negligence.
Taking all circumstances into account, the panel is not convinced that there was reasonable diligence on the Claimant CCR’s side (R. 263.2(a) RoP).
