Germany: 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

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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