UPC Court of Appeal: Rectification of the name of a party

The claimant filed 5 revocation actions. In each of these actions, the defendant (patent proprietor) was designated as "Juul Labs, Inc."; however, the correct name of the patent proprietor is "Juul Labs International, Inc.". If the claimant did not correctly identify the defendant in the statement of claim, the Court may allow the claimant to correct the mistake. The request can be granted if the defendant is not unreasonably prejudiced by the incorrect name and its rectification. As a rule, there will be no unreasonable prejudice if, despite the incorrect statement of the defendant’s name, it must have been clear to the defendant and to the Court, based on the circumstances of the case, that the claimant intended the statement for revocation to be directed against the defendant (UPC March 4, 2024; CoA 433-438/2023).