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Order

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Main Details:

Registry number
ORD_40822/2024
Date
Parties
FUJIFILM Corporation
v.
Kodak Graphic Communications GmbH, Kodak Holding GmbH, Kodak GmbH
Order/Decision reference
ORD_40822/2024
Type of action
Generic Order
Language of Proceedings
English
Court - Division
Court of First Instance - Düsseldorf (DE) Local Division

English Headnotes:

1. If auxiliary requests filed in the context of an application for amendment of the patent are to be amended later, the scope of R. 263 RoP is not open from the outset. The conditions under which applications for amendment of the patent are admissible are laid down in R. 30 RoP. 2. If an application for amendment of a patent is to be amended, such a request is to be classified as a further request for amendment within the meaning of Rule 30.2 RoP. It is admissible only with the permission of the Court. 3. In the light of Art. 34 UPCA and the requirements of - as a rule - a uniform decision, the territorial limitation of an application to amend the patent should only be considered if there are objective reasons for such a limitation.

English Schlüsselwörter:

R. 263 RoP, amendment of the application, R. 30.2 RoP, Application to amend the patent