Home » UPC decisions » Luxembourg Court of Appeal » CoA, January 15, 2025 order concerning the need to adjudicate UPC_CoA_584-2024

CoA, January 15, 2025 order concerning the need to adjudicate UPC_CoA_584-2024

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Key takeaways

R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose.

According to R.360 RoP the Court may at any time, on the application of a party or its own motion, after giving the parties an opportunity to be heard, dispose of the action by way of order if the Court finds that an action has become devoid of purpose and that there is no longer any need to adjudicate on it.

R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. If the appellant has no legal interest in bringing appeal proceedings anymore, there is no reason to adjudicate on it. This means the appeal has become devoid of purpose in the meaning of R.360 RoP.

No decision on the reimbursement of legal costs will be made in a R.360 order since such an order is not a final order or decision concluding an action (see Court of Appeal, order 16 September 2024 – ICPillar v. SVF Holdco, ORD_50692/2024, APL_33746/2024, UPC CoA 301/2024, par. 41)

Division

Court of Appeals Luxemburg

UPC number

UPC_CoA_584/2024

Type of proceedings

Infringement Proceedings

Parties

Appellant: EOFlow Co., Ltd.

Respondent: Insulet Corporation

Patent(s)

EP 4 201 327

Body of legislation / Rules

Rule 360 RoP


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