APL 35616/2025

—·EP4108413: METHOD FOR ADJUSTING PRESSURE OF MIXTURE OF GAS AND PASTE MATERIAL DISCHARGED FROM DISPENSER

Case details: Status
—
Action
Appeal
Category
Main Appeal
Parties: Claimants
CeraCon GmbH
Reps: Matthias Sonntag (Gleiss Lutz)
Respondents
Sunstar Engineering Inc.
Reps: Holger Stratmann (Hoffmann Eitle)
Division: Court of Appeal
Judges: Emmanuel Gougé · Legally qualified judge and standing judge
Language: —
First decided: Sep 2, 2025

Decisions

2025-09-02
Appeal decisionRequest for a discretionary review (RoP 220.3)
Court of Appeal (standing judge Gougé) order on CeraCon GmbH's request for discretionary review (R. 220.3 RoP) of the Mannheim Local Division's refusal to grant leave to amend its counterclaim for revocation against Sunstar Engineering Inc. concerning EP 4 108 413. The Court held that leave to amend under R. 263.2 RoP must be refused if any one of the exclusion criteria in (a) or (b) is met — the disjunctive test. The request for discretionary review was therefore dealt with under this principle. No substantive patent validity ruling.
Legal issues:Discretionary review (R. 220.3 RoP)Leave to amend case / add invalidity ground (R. 263 RoP)Interpretation of exclusion criteria for late amendment

Documents