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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
Status
Case Closed
Action
Appeal
Category
Main Appeal
Parties
Claimants
Reps: Matthias Sonntag
Respondents
Reps: Holger Stratmann
Division
Court of Appeal
Language
English
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
Document titleDatePublic
Acknowledgement-of-lodging2025-09-02Not public
Outcome of the Order2025-09-02Not public
Order2025-09-02Public
Panel-Appointment2025-09-01Not public
Formal Response2025-09-01Not public
Request_220.32025-09-01Not public
Exhibit A32025-09-01Not public
Proof of payment2025-09-01Not public
Request For Amendments2025-08-29Not public
Request 220.32025-08-27Not public
Exhibit A32025-08-27Not public