UPC CFI, LD Lisbon, 1 April 2026: Correction of obvious mistake does not qualify as a change of the claim.

Request to declare infringement action as manifestly bound to fail dismissed. (Rule 361 RoP).

Omissions found in the statement of claim (SoC) must be regarded as a manifest error not justifying the dismissal of the action without any possibility of redress.

Correction of obvious mistake of the SoC allowed. (Rule 263 RoP , Rule 13 RoP, Rule 9 RoP). 

The requested correction does not qualify as a change of the claim in light of R. 263 RoP.

IPPT20260401, UPC CFI, LD Lisbon, Illumina v Element Biosciences