APL_5395/2024

The Court of Appeal (second panel) set aside the Munich Local Division's order separating the action based on EP 3 678 321 and established that when a new patent is added to pending proceedings under R. 263 RoP, the defendant must receive the same response time as for a new action.

Court of Appeal procedural order on an appeal against a first-instance order that had severed an amended/expanded infringement claim relating to EP 3678321 from the main action. The appeal concerned the deadline for filing a statement of defence following an amendment of the claim (R. 263 RoP). The Court of Appeal held that, as a matter of due process, when a new patent is added by way of an amended claim, the defendant must be given the same period to respond as would apply if a fresh action had been filed.