Key takeaways
No evident error if decision’s reasons are not yet available
Suspensive effect of an appeal may be granted if the order against which the appeal is directed is evidently erroneous.
No evident error can be identified in the contested decision if the reasons for the decision are not yet available. The assumption of an evident error in the appealed decision can only be considered if it is possible to determine an evident error without knowledge of the reasons for the decision. This can be the case if the operative part pronounces a legal consequence that does not result from either the UPCA or the RoP.
Deadline for filing grounds of appeal only begins upon service of a reasoned decision
The 15-day period for submitting the statement of grounds of appeal (R. 224.2 (b) RoP) only begins upon service of a reasoned decision. An extension of this deadline cannot be considered before this period even started.
Division
CoA Luxembourg
UPC number
UPC_CoA_737/2025
Type of proceedings
Appeal proceedings
Parties
Appellant/Defendant: RiVOLUTiON GmbH
Respondent/Applicant: Cilag GmbH International
Further Applicant first instance: Ethicon LLC
Patent(s)
EP 2 515 768
Body of legislation / Rules
Art. 74 (I) UPCA, R. 223.1 RoP
