1. Key takeaways
Arguments on claim construction to be made with the
Statement of Claim
According to R. 13(1)(n) RoP in cases of technically complex
subject-matters, the Statement of Claim must already contain the
claim construction if the patent in suit is not readily
understandable on its own. In case the plaintiff does not comply,
further legal issues may arise (Additional round of submissions
needed? Decision by default according to R. 355 RoP?) which,
however, are not yet decided in the present order.
In the Reply to a counterclaim for revocation, the patent
proprietor has to structure its argumentation according to the
specific features of the patent claim.
Late-filing of the application to amend the
patent
