Dainese S.p.A. v.Alpinestars S.p.A. and Others
Milan (IT) Local Division · UPC-000815
Dainese S.p.A., the claimant in a patent infringement action concerning EP'117 and EP'364, applied for leave to limit its claims under Rule 263.3 RoP after the EPO Board of Appeal issued a negative opinion on EP'117, seeking to discontinue claims related to EP'117 while maintaining those regarding EP'364. The defendants argued the application should be treated as a partial withdrawal under Rule 265 RoP, entitling them to cost reimbursement. The Milan Local Division held that Rule 263.3 RoP governs the limitation of claims, granted Dainese leave to limit its claims, rejected the request for partial reimbursement of court fees, and postponed the costs decision to the main proceedings.