UPC Local Division: Change in Claim

A party may apply to the Court at any stage of the proceedings for leave to change its claim. Such an application must state why this amendment
a) could not have been made with reasonable diligence at an earlier stage, and
b) will not unreasonably hinder the other party in the conduct of its action.

Both conditions must be met independently. The defendants pointed out that the claimant had already filed an application to amend the claim, including a request for an injunction, on 15 December 2023 in parallel proceedings. The claimant did not dispute these submissions. It follows that the requests for injunctions and further remedies, such as recall, permanent removal, and destruction of the allegedly infringing embodiments, could have been submitted with reasonable diligence before 6 May 2024. The statement of claim was served on the defendants on 17 February 2024. Therefore, the application for amendment should have been filed, at the latest, by mid-February. Thus, condition (a) of Rule 263.2 of the Rules of Procedure is not satisfied. The application is therefore rejected (Local Division Munich, 6 August 2024, Court of First Instance 41/2023).