2024-07-26 - LD Düsseldorf - Valeo v. Magna - UPC_CFI_347/2024
- Aktenzeichen:
- UPC_CFI_347/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Application Order
- Parteien:
- Valeo vs. Magna
Kernaussage: 1.
2024-07-26 - LD Düsseldorf - Valeo
v.
Magna - UPC_CFI_347/2024
1. The scope of R. 263 RoP is not limited to the main proceedings. It also applies to applications for provisional measures. The applicant may also apply for leave to change its claim or to amend its case.
2. If the applicant adds a feature to its claims which was previously only “alternatively” claimed, this narrows the scope of a possible preliminary injunction or other preliminary measures. Embodiments which satisfy all the other features but not the now added feature are no longer covered by a possible preliminary injunction. This is therefore a limitation of the claim. If this limitation is unconditional, R. 263.3 RoP applies.
notable
The Düsseldorf Local Division (Presiding Judge Thomas) granted Valeo's R. 263 RoP request to amend its pending application for provisional measures over EP 3 320 602 B1 by deleting the word 'alternatively' and combining claim-1 and claim-6 features into a single narrower claim. Two points of law were clarified. First, R. 263 RoP — including the unconditional-limitation shortcut in R. 263.3 — applies to PI proceedings, not only main proceedings, because it sits in Part 5 'General Provisions' of the RoP and is not limited by isolated references to 'action' in its wording. Second, adding a feature previously pleaded only as an alternative is a narrowing of the legal-claim scope (fewer embodiments caught by a potential PI) and therefore qualifies as a R. 263.3 RoP 'limitation of a claim' — even though the term 'claim' in R. 263.3 RoP refers to the legal claim, not to the patent claim, and R. 30 RoP / R. 50.2 RoP are not engaged.
Stichwörter
unconditionally limitation, Leave to change claim, scope of R. 263 RoP, application for provisional measures, limitation of a claim, features alternatively