Key takeaways
Stay of revocation action pursuant to Rule 295(m) RoP
An appeal against the denial of provisional measures does generally not justify a stay of revocation proceedings pursuant to Rule 295(m) RoP. Rule 295(m) RoP must be applied and interpreted in accordance with the principle according to which proceedings must be conducted in a way which will normally allow the final oral hearing at first instance to take place within one year. It follows that, as a general principle, the Court will not stay the revocation proceedings.
Division
Central Division Paris
UPC number
UPC_CFI_230/2024
Type of proceedings
Revocation action
Parties
Applicant, Defendant in the main action: BALLINNO B.V
Respondent, Plaintiff in the main action: KINEXON SPORTS & MEDIA GMBH
Patent(s)
EP 1 944 067 B1
Body of legislation / Rules
Rule 295(m) RoP. Rule 295(m) RoP