Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, June 21, 2024, Order on request to stay proceedings, UPC_CoA_227/2024

Court of Appeal, June 21, 2024, Order on request to stay proceedings, UPC_CoA_227/2024

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Key takeaways

If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a “reasoned request” by a party (R. 21.2 RoP).

A statement which lacks any reasons as to why the first instance proceedings should be stayed does not constitute a “reasoned request” pursuant to R. 21.2 RoP.

The arguments presented by the applicant at the interim conference cannot remedy the lack of reasoning in its written statement. The interim conference may be used to further clarify the reasoning for a request to stay the proceedings. However, also in view of the Defendant’s rights to prepare its defence, it cannot be used to present the grounds for the request for the first time.

Division

Court of Appeal

UPC number

UPC_CoA_227/2024

Type of proceedings

Appeal proceedings

Parties

Appellant and Defendant in the main proceedings before the Court of First Instance: Mala Technologies Ltd.

Respondent and Plaintiff in the main proceedings before the Court of First Instance: Nokia Technology GmbH

Patent(s)

EP 2 044 709

Body of legislation / Rules

Rule 21.2 RoP


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