Case Law
Rule 305: Change in parties

Court of First Instance - Munich (DE) Central Division - Section, Order dated 28/02/2025, International N&H Denmark ApS, Virdia Inc. (Case/ Registry number: App_7719/2025, ORD_7966/2025)
Example of decision on revocation must target the true proprietor and require substitution of a non-owner registrant: "The request for a change (substitution) in parties is to be granted. A revocation action is to be directed at the proprietor of the patent (Rule 42.1 RoP). If the registered proprietor is not a proprietor within the meaning of Rule 8.5(a) or (b), the registered proprietor shall apply for its substitution by the “Rule 8.5 proprietor” (Rule 42.2 RoP). Based on the facts and evidence presented by the Applicant, which have not been disputed by the Claimant, the Court is satisfied that the present Defendant, who is the registered proprietor, is not the Rule 8.5 proprietor.
As the present Defendant is not the Rule 8.5 proprietor, it is to be substituted by the Rule 8.5 proprietor. There is no dispute between the parties that the Rule 8.5 proprietor is International N&H Denmark ApS. Accordingly, the present Defendant shall be substituted by International N&H Denmark ApS."