UPC CoA, 2 September 2025: No discretionary appeal review of denial to amend counterclaim with late found prior art
21-11-2025 Print this pageIPPT20250902, UPC CoA, CeraCon v Sunstar
Request denied for discretionary appeal review of order dismissing leave to amend counterclaim for revocation by introducing new prior art (R. 263.2 RoP, R. 220.3 RoP).
Under these circumstances, and without further convincing explanations from CERACON as to the reasons why EP’480, with reasonable diligence, had been excluded from the search report prepared by its service provider for purposes of the Counterclaim for revocation, the CFI did not go beyond the boundaries of its discretion in deciding that CERACON had not satisfied the Court that the amendment could not have been made with reasonable diligence at an earlier stage under R. 263.2(a) RoP.
