ARTICLE
15 January 2025

LD Hamburg, December 30, 2024, No Preliminary Decision On Admissibility Of Amendments Of Claims, UPC_CFI_173/2024 Und 424/2024

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.
No preliminary decisions on admissibility of requests for amendment of claims (Rule 263 RoP, Rule 30 RoP)
Germany Intellectual Property

1. Key takeaways

No preliminary decisions on admissibility of requests for amendment of claims (Rule 263 RoP, Rule 30 RoP)

It is generally not procedurally efficient to decide on the substantive admissibility of requests to amend claims (Rule 30 RoP) and corresponding amendments of the claim or the case (Rule 263 RoP) in a preliminary decision pursuant to Rule 334(h) RoP.

Substantive Decisions Reserved for Main Proceedings

Substantive decisions of significant impact should be reserved for the main proceedings, including the oral hearing and final decision by the panel and are generally not to be decided by a preliminary decision pursuant to Rule 334(h) RoP. Thorough examination of issues is best conducted during main proceedings.

Principle of Procedural Economy (Rule 334(h) RoP)

While the Court has the power to address issues early on, it retains discretion in managing proceedings to ensure efficiency for everyone involved, including the Court. The Judge-Rapporteur must ensure efficient proceedings without unnecessary delays.

2. Division

Local Division Hamburg

3. UPC number

UPC_CFI_173/2024 and 424/2024

ORD_63489/2024 in ACT_19746/2024

4. Type of proceedings

Infringement Proceedings

5. Parties

Claimant: Nera Innovations Ltd.

Defendants: Xiaomi Communications Co., Ltd.; Xiaomi Inc.; Xiaomi Technology Netherlands B.V.; Xiaomi Technology Germany GmbH

6. Patent(s)

EP 2 642 632

7. Body of legislation / Rules

Rule 334(h) RoP

Rule 263 RoP

Rule 30 RoP

Rule 30.1(b) RoP

431B635F3A18CC6FD3520D6E4E4BD0AB_de Download

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More