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UPC CoA 807/2025
Aug 27, 2025·EP4108413: METHOD FOR ADJUSTING PRESSURE OF MIXTURE OF GAS AND PASTE MATERIAL DISCHARGED FROM DISPENSER
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- Division
- Court of Appeal
- Judges
- Language
- English
- First decided
- Sep 2, 2025
Decisions
- 2025-09-02Appeal 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
| Document title | Date | Public |
|---|---|---|
| Acknowledgement-of-lodging | 2025-09-02 | Not public |
| Outcome of the Order | 2025-09-02 | Not public |
| Order | 2025-09-02 | Public |
| Panel-Appointment | 2025-09-01 | Not public |
| Formal Response | 2025-09-01 | Not public |
| Request_220.3 | 2025-09-01 | Not public |
| Exhibit A3 | 2025-09-01 | Not public |
| Proof of payment | 2025-09-01 | Not public |
| Request For Amendments | 2025-08-29 | Not public |
| Request 220.3 | 2025-08-27 | Not public |
| Exhibit A3 | 2025-08-27 | Not public |