Court of Appeal, May 22, 2024, order concerning an expedition request, UPC_CoA_218/2024 et al.

A request to expedite appeal proceedings, namely a request to shorten any deadlines where possible pursuant to R. 225(e), R.9.3 RoP, requires the Applicant (here: Volkswagen AG) to explain that and why it would have a particular interest in the concerned brief (here: Statement of response) being filed before any particular date before the end of the currently applicable deadline (here: 15 days as provided for in R.224.2(b) RoP).

In the present case(s), where the Applicant’s request for a security for procedural costs had been dismissed by the Local Division, the CoA found that legal costs continuing to accruein the main proceedings during the appeal re. procedural security and the Applicant’s need to for a security as soon as possible, did not constitute such particular interest.

Corresponding orders were issued in parallel proceedings against other Defendants (Audi AG, Texas Instruments Inc. and Texas Instrumensts GmbH) and regarding other patents-in-suit (EP 1 552 399, EP 1 552 669).