Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 12 AUGUST 2024

LD Munich, August 6, 2024, Application For Leave To Change Claim, UPC_CFI_41/2024

Bardehle Pagenberg
Bardehle Pagenberg
Contributor
Bardehle Pagenberg

Bardehle Pagenberg

IP practitioners with technical expertise As one of Europe’s leading IP law firms, BARDEHLE...

View firm profile
Explore more from Bardehle Pagenberg

Strict application of R. 263.1 RoP regarding a party's application for leave to change its claim

GermanyIntellectual Property
Sabrina Smyczek
Sabrina Smyczek
Author LinkedIn connections

1. Key takeaways

Strict application of R. 263.1 RoP regarding a party's application for leave to change its claim

Pursuant to R. 263.2 RoP, leave shall not be granted if the party seeking the amendment cannot satisfy the Court that (a) the amendment could not have been made with reasonable diligence at an earlier stage and (b) the amendment will not unreasonably hinder the other party in the conduct of its action. Both requirements must be met independently. If either condition is not met, the Court's discretion is reduced to zero and it must refuse the application.

The burden of proof that both the requirements of R. 263.1 RoP and no grounds for exclusion under R. 263.2 RoP are met lies with the applicant.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

LD Düsseldorf, August 17, 2026, Order, UPC_CFI_1034/2025, UPC_CFI_931/2026

The Local Division Düsseldorf of the Unified Patent Court issued an order addressing applications for protection of confidential information in patent infringement proceedings between Yangtze Memory Technologies and Micron Technology entities. The case involves European Patent EP 3 909 047 with jurisdictional implications across Germany and France under the UPC Agreement.
GermanyIntellectual Property
Bardehle Pagenberg
Bardehle Pagenberg
Article

Kraftwerk Sampling Ruling: Pastiche Finds Its Rhythm

Germany's highest civil court has ruled that an unlicensed sample from Kraftwerk's 1977 track "Metall auf Metall" used in a hip hop song qualifies as lawful pastiche under EU copyright law. This landmark decision, concluding a nearly 30-year legal dispute, establishes new parameters for when sampling can constitute creative engagement rather than mere copying, though it stops short of providing blanket protection for all unauthorized samples.
European UnionIntellectual Property
Lewis Silkin
Lewis Silkin
Article

LD Düsseldorf, August 17, 2026, Order, UPC_CFI_1034/2025, UPC_CFI_931/2026

The Local Division Düsseldorf of the Unified Patent Court issued an order addressing applications for protection of confidential information in patent infringement proceedings between Yangtze Memory Technologies and Micron Technology entities. The case involves European Patent EP 3 909 047 with jurisdictional implications across Germany and France under the UPC Agreement.
GermanyIntellectual Property
Bardehle Pagenberg
Bardehle Pagenberg
Article

CoA, August 17, 2026, UPC_CoA 365/2025 & UPC_CoA 367/2025

The Court of Appeal examines procedural and substantive issues arising from parallel infringement and revocation proceedings involving European Patent EP 3 356 109, with jurisdictional implications across multiple European states. The case involves complex questions of court procedure, patent validity challenges, and the application of the Unified Patent Court Agreement provisions.
GermanyLitigation, Mediation & Arbitration
Bardehle Pagenberg
Bardehle Pagenberg