Topics: R. 222.2 RoP
-
Court of Appeal, November 21, 2024, decision on a request for a stay of proceedings, UPC_CoA_511/2024
Stay of proceedings is possible even if no final decision in Opposition is expected: Pursuant to Art. 33(10) UPCA and R. 295(a) RoP, the Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO where a rapid decision may be expected from the EPO. These provisions…
5 min Reading time→ -
CoA, October 21, 2024, Request for submission of new evidence, UPC_CoA_297/2024
New contradictory statements of the other party do not justify the submission of new evidence at appeal stage: Rule 222 of the Rules of Procedure (RoP) grants the Court of Appeal discretion to disregard new evidence not previously submitted to the Court of First Instance. In exercising this discretion, the Court considers: (a) whether the…
2 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
Court of Appeal, September 16, 2024, order concerning security for costs, UPC_CoA_301/2024
Late filed requests and duty to provide evidence: The Court of Appeal may decide to disregard late filed requests, facts and evidence even if these were not objected by the other party (Rule 222.2 RoP). The Court of Appeal may exercise its discretion in this respect. When exercising this discretion, it shall take into account…
3 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.