UPC_CFI_68/2025

Decisions and documents (1)

• 2026-10-22procedural

  1. The claims introduced for the first time during the interim proceedings in the infringement action, based on the scope of the patent in dispute within the framework of the auxiliary requests and the related submission of facts, are not admissible. 2. Where dependent claims or amended claim formulations form the subject-matter of auxiliary requests, it must be possible to amend the infringement action accordingly. However, the Claimant must make use of this option at the same time as introducing amendments to the patent at issue. 3. Unless the Claimant submits a substantiated argument that, in the case of multiple cross- references, it wishes to defend all cross-referenced claims in combination, the examination of the validity of the patent at dispute is based solely on the main claim. Unless it is substantiated which specific combinations of claims are considered to be valid, the validity assessment in the case of multiple cross-references shall cover all combinations covered by the wording of the dependent claim. If a single one of the combinations covered proves to be invalid, the dependent claim as a whole is invalid.

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