LD Munich, February 28, 2025, Order, UPC_CFI_483/2024

Key takeaways

Amendment of case (Rule 263 RoP)

The claimant sought to amend the case to include the Netherlands after the patent was restored there. The application was made under Rule 263 of the Rules of Procedure (RoP) of the Unified Patent Court (UPC).

Reasonable Diligence Requirement (Rule 263.2(a) RoP)

The claimant failed to demonstrate reasonable diligence in filing the amendment. The claimant became aware of the restoration decision on 7 November 2024 but did not file the application until 17 January 2025.

Impact on Defendants' Conduct (Rule 263.2(b) RoP)

The amendment would not unreasonably hinder the defendants. The subject matter of the proceedings was independent of the countries included in the operative part.