Graham Ashley LANGUAGE OF PROCEEDINGS
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Dainese S.p.A. v.Alpinestars S.p.A., Alpinestars Research S.p.A., Motocard Bike S.l.
This UPC CFI decision addressed an application by Dainese S.p.A. to limit its claims in an infringement action, specifically dropping one patent (EP'117) while maintaining another (EP'364). The court ruled that since the limitation was unconditional and only involved reducing the scope of the claim rather than withdrawing the entire case, Rule 263(3) RoP applied. This confirms that patentees can unilaterally limit their claims without penalty under this rule, ensuring procedural flexibility while deferring cost allocation until the main proceedings.
Dainese S.p.A. v.Alpinestars S.p.A.; Alpinestars Research S.p.A.; Motocard Bike S.l.
Dainese S.p.A. sought leave to limit its infringement claims from two patents (EP4072364 and EP3498117) after an adverse EPO decision restricted the scope of one patent. The UPC Milan Local Division granted this request unconditionally, confirming that a limitation of claim is a valid form of case amendment under Rule 263(3) RoP. This ruling clarifies that when a claimant limits its claims rather than withdrawing the entire action, the proceedings continue against the defendant regarding the remaining patents, and cost allocation is deferred until the final judgment.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.