Wonderland Nurserygoods v Cybex (CFI, 14 October 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 14 October 2025, given in proceedings UPC_CFI_807/2024 and UPC_CFI_334/2025, the panel of the Düsseldorf Local Division upheld the judge-rapporteur’s order of 29 August 2025: Wonderland Nurserygoods may extend, in its reply, its equivalence case to features 1.9 and 1.10 of claim 1 of EP 1 905 615 without leave to amend its claim under Rule 263. For practitioners, extending equivalence to other features of the same product therefore requires no leave.

Question

Does extending an equivalence infringement argument to further features, in the reply, amount to an amendment of the claim requiring leave under Rule 263?

Decision

No. The defendants’ application for review was admissible: filed within fifteen days and reasoned, it does not require the applicant to be adversely affected, unlike an appeal under Rule 220.1 (paragraphs 14 to 17). On the merits, the panel applied the Court of Appeal’s case law that an equivalence argument does not necessarily change the nature or scope of the dispute (paragraph 20). The extension rests on the same patent and targets the same products, so it is not an amendment (paragraph 21). All the components concerned belong to the swivel locking device described in the statement of claim, and the fact that some were not named there follows from the very nature of equivalence (paragraphs 23 and 24).

Key points for practice

• A proprietor relying on equivalence may refine in its reply how features map onto the components of the attacked product, provided the product and the patent remain the same.
• Review under Rule 333 is available even to a party that accepts the outcome of the order but challenges its reasoning.

Provisions applied

Rules of Procedure

Rules 220.1, 263 and 333

European Patent Convention

Art. 69(1) and the Protocol on its Interpretation

Case law cited

OrthoApnea v ***, Court of Appeal, 21 November 2024, Total Semiconductor v Texas Instruments, Court of Appeal, 14 January 2025

Related decisions

• Wonderland Nurserygoods v Cybex, 27 May 2026, later decision in the infringement action.

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.