Main Details: Registry number App_42088/2024 Date 26. Juli 2024 Parties Valeo Electrification Order/Decision reference ORD_42132/2024 Type of action Amend Document Language of Proceedings English Court - Division Court of First Instance - Düsseldorf (DE) Local Division English Headnotes: 1. The scope of R. 263 RoP is not limited to the main proceedings. It also applies to applications for provisional measures. The applicant may also apply for leave to change its claim or to amend its case. 2. If the applicant adds a feature to its claims which was previously only “alternatively” claimed, this narrows the scope of a possible preliminary injunction or other preliminary measures. Embodiments which satisfy all the other features but not the now added feature are no longer covered by a possible preliminary injunction. This is therefore a limitation of the claim. If this limitation is unconditional, R. 263.3 RoP applies. English Schlüsselwörter: unconditionally limitation, Leave to change claim, scope of R. 263 RoP, application for provisional measures, limitation of a claim, features alternatively Back to Decisions and Orders
Main Details: Registry number App_42088/2024 Date 26. Juli 2024 Parties Valeo Electrification Order/Decision reference ORD_42132/2024 Type of action Amend Document Language of Proceedings English Court - Division Court of First Instance - Düsseldorf (DE) Local Division English Headnotes: 1. The scope of R. 263 RoP is not limited to the main proceedings. It also applies to applications for provisional measures. The applicant may also apply for leave to change its claim or to amend its case. 2. If the applicant adds a feature to its claims which was previously only “alternatively” claimed, this narrows the scope of a possible preliminary injunction or other preliminary measures. Embodiments which satisfy all the other features but not the now added feature are no longer covered by a possible preliminary injunction. This is therefore a limitation of the claim. If this limitation is unconditional, R. 263.3 RoP applies. English Schlüsselwörter: unconditionally limitation, Leave to change claim, scope of R. 263 RoP, application for provisional measures, limitation of a claim, features alternatively Back to Decisions and Orders