Key takeaways
Order regarding request for stay of proceedings (R. 295 RoP)
In an action for revocation, where both parties agreed to a stay, the appeal proceedings have been stayed pending the outcome of parallel opposition proceedings before the EPO Boards of Appeal, where the opposition proceedings could be expected to result in a final decision soon after, in any case rapidly, in relation to the possible date for an oral hearing before the Court of Appeal.
Division
CoA Luxembourg
UPC number
UPC_CoA_5/2025; UPC_CoA_237/2025
Type of proceedings
Action for revocation
Parties
Applicant: Juul Labs International, Inc.
Respondent: NJOY Netherlands B.V.
Patent(s)
EP3498115
Body of legislation / Rules
Art. 33 (10) UPCA, R. 295 RoP