JingAo v Chint, Astronergy & Ors (UPC_CFI_425/2024)
Decision date:
31 March 2025
Osborne Clarke summary
- JingAo made a request to adjust its infringement claim in line with its application to amend its patent under Rule 30 RoP, which was granted by the Munich LD.
- In an application to amend a patent, Rule 30 RoP does not restrict a patentee to the requirement that the application and auxiliary request must directly relate to the grounds for invalidity in the revocation counterclaim.
- If dependent patent claims are made the subject of an auxiliary request, it is possible for a patentee to make corresponding amendments to their infringement action.
- The purpose of the RoP is to synchronise UPC proceedings with EPO proceedings and this can only happen if it is possible to introduce claim versions amended by the EPO into UPC infringement proceedings.
Issue
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