ARTICLE
19 January 2024

LD Munich, 11 December 2023, Order Of The Court Of First Instance Of The UPC, UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023

BP
Bardehle Pagenberg
Contributor
BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The extension of an infringement action by including claims from a further patent after the termination of limitation proceedings for such patent is admissible.
Germany Intellectual Property
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1. Key takeaways

The extension of an infringement action by including claims from a further patent after the termination of limitation proceedings for such patent is admissible.

Rule 263 RoP allows the amendment of a pending case under certain conditions. In this case, the Plaintiff extended the pending complaint by asserting claims from a further patent, after the limitation proceedings for this patent were concluded. The court found this extension to be admissible, as Plaintiff was justified in waiting for the conclusion of the limitation proceedings.

2. Division

Local Division Munich

3. UPC number

UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023

4. Type of proceedings

Action for infringement

5. Parties

Huawei Technologies Co. Ltd (Plaintiff and Claimant)

NETGEAR Deutschland GmbH, Netgear Inc. and Netgear International Limited (Defendant and Respondent)

6. Patent(s)

EP3611989

7. Body of legislation / Rules

Rule 263 RoP

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ARTICLE
19 January 2024

LD Munich, 11 December 2023, Order Of The Court Of First Instance Of The UPC, UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023

Germany Intellectual Property
Contributor
BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
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