LD Düsseldorf, October 22, 2026, Decision, UPC_CFI_47/2025, UPC_CFI_68/2025

1. Key takeaways

Claims introduced for the first time during the interim proceedings in the infringement action, based on the scope of the patent in dispute within the framework of the auxiliary requests and the related submission of facts, are not admissible

The claimant sought, for the first time during the interim procedure, to extend its infringement allegations to several auxiliary requests. The Court rejected this on three independent grounds, R. 263.1 RoP, R. 263.2 RoP, R. 30.2 RoP and R. 9.2 RoP. The claimant had not justified why the amendment could not have been made earlier (R. 263.2a RoP) and the defendant was procedurally prejudiced (R. 263.2b RoP). The claimant had not submitted arguments in time during written procedure (R. 9.2 RoP).