2025-02-28 - LD Munich - Esko-Graphics v. XSYS - UPC_CFI_483/2024
- Aktenzeichen:
- UPC_CFI_483/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Application Order
- Parteien:
- Esko-Graphics v. XSYS
Kernaussage: -
2025-02-28 - LD Munich - Esko-Graphics
v.
XSYS - UPC_CFI_483/2024
-
The Munich Local Division rejected an application to amend the claim, stating that the Claimant failed to show that it could not have made the amendment at an earlier stage with reasonable diligence. The Claimant had tried to introduce an additional country into the claim for which the patent had been restored; however, this had happened too long after the Claimant had knowledge of the restoration.
The Court clarified that Rule 263 required that the amendment could not have made earlier, even if there was no unreasonable hindrance of the Defendant.
Stichwörter
Leave to amend case, Rule 263.2 RoP, reasonable dilligence