Key takeaways
Application for suspensive effect is inadmissable if no appeal is filed
It is not possible to apply for suspensive effect before an appeal is lodged. This follows from Art. 74 (1) UPCA stating that an appeal has no suspensive effect unless decided otherwise by the CoA.
In cases of extreme urgency the applicant may apply at any time without formality for an order for suspensive effect to the standing judge pursuant to R. 223.4 RoP. Nevertheless, for this provision to be applicable, the applicant must first have lodged a Statement of appeal and paid the appeal fee in accordance with the RoP. Lodging the Statement of grounds of appeal is not a prerequisite.
Division
CoA Luxembourg
UPC number
UPC_CoA_740/2025; UPC_CoA_741/2025
Type of proceedings
Appeal proceedings
Parties
Applicant/Claimant: Sun Patent Trust
Respondent/Defendant: Vivo Mobile Communcation Co., Ltd.; Vivo Tech GmbH; Vivo Mobile Communication Iberia SL
Patent(s)
EP 3 407 524; EP 3 852 468
Body of legislation / Rules
Art. 74 UPCA, R. 223.1 RoP
