Valeo Electrification v Magna PT (CFI, 26 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 July 2024 (UPC_CFI_347/2024, ACT_37931/2024, App_42088/2024), the judge-rapporteur of the Düsseldorf Local Division granted Valeo Electrification leave under Rule 263 RoP to change the claim in its application for provisional measures of 1 July 2024 against three Magna group companies based on EP 3 320 602: the feature of claim 6, previously relied on « alternatively », becomes cumulative.

Question

Does Rule 263 RoP apply to an application for provisional measures, and must an unconditional limitation of the claim be justified?

Decision

The explanation required by the second sentence of Rule 263.1 RoP as to why the change was not included in the original pleading may be dispensable for an unconditional limitation (Rule 263.3 RoP), where the basis for the limitation was laid in advance by an auxiliary request and the earlier submissions can still be used. Rule 263.3 RoP is not confined to proceedings on the merits: its partial reference to an « action » is no obstacle, since the wording of the rule is not uniform, and the rule sits among the general procedural provisions, which also apply to provisional measures. The defendants suffer no undue prejudice: adding the feature narrows the scope of the injunction sought, which is to their advantage, and the feature, already relied on in the original application, had to be taken into account in their defence despite tight deadlines. This is not an amendment of the patent within the meaning of Rules 30 or 50.2 RoP.

Key points for practice

• Practical point: an applicant for provisional measures may narrow its claim during the proceedings by making cumulative a feature relied on in the alternative, without particular justification where the basis was already in its application.

Provisions applied

Agreement on a Unified Patent Court

Art. 62

Rules of Procedure

Rules 30, 50.2, 263.1 and 263.3

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.