- within Technology topic(s)
Key takeaways
An amendment to a party’s case cannot be allowed if it could have been foreseen from the outset of the proceedings (R. 263 RoP, R. 30.2 RoP)
Granting leave to amend at a late stage would allow the applicant to change its litigation strategy after the fact. A diligent patentee should coordinate its EPO and UPC positions from the beginning, rather than reacting once parallel proceedings develop unfavorably. The Court found that both cumulative conditions of R. 263.2 RoP were unmet, as the amendment could have been foreseen and pursued with reasonable diligence from the outset of the proceedings and admission at this advanced stage would force the defendant to newly assess validity and infringement of previously unasserted claims.
A party’s own lack of procedural coordination between EPO and UPC proceedings cannot justify a late request to amend
That an applicant may later need to start new UPC proceedings based on auxiliary requests allowed by the EPO but not by the UPC is a risk the applicant itself created and must bear, not a ground for admitting a late amendment.
An applicant seeking to introduce new auxiliary requests must show a clear connection between those requests and the specific invalidity arguments raised in the counterclaim for revocation (R. 30.1(b) and R. 30.2 RoP)
Since the counterclaim for revocation determines the scope of the revocation proceedings, an auxiliary request directed at claims never challenged in that counterclaim does not qualify as a defence to it and can be refused admission on that basis alone.
Division
Local Division Brussels
UPC number
UPC_CFI_806/2025, UPC_CFI_185/2026
Type of proceedings
Infringement action and counterclaim for revocation
Parties
Claimant (infringement action) / Defendant (counterclaim for revocation): Barco NV
Defendants (infringement action) / Claimants (counterclaim for revocation): Yealink (Xiamen) Network Technology Co. Ltd.; Yealink (Europe) Network Technology BV
Patent
EP 3 732 827
Body of legislation / Rules
R. 263.1 RoP, R. 263.2 RoP, R. 30.1(b) RoP, R. 30.2 RoP
LD Brussels_17 Aug 2026_UPC_CFI_8062025__UPC_CFI_1852026
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