Topics: stay of proceedings
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LD Düsseldorf, March 4, 2025, Procedural Order, UPC_CFI_468/2024, UPC_CFI_687/2024
Referral of Counterclaim for Revocation (Art. 33(3)(b) UPCA, R. 37.2 RoP): The Local Division Düsseldorf referred the counterclaim for revocation to the Central Division in Milan. The Parties had unanimously requested the, and requests by all parties will be granted unless strongcounterarguments require a different decision (UPC_CFI 14/2023 (LD Munich), Order of 2 February2024 –…
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Nordic-Baltic Regional Division, December 11, 2024, order on adjournment of oral hearing, UPC_CFI_380/2023, ACT_582093/2023
The Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO when a rapid decision may be expected from the EPO: The request to stay the proceedings shall be decided on the basis of R. 295(a) RoP in conjunction with Art. 33(10) UPCA. In exercising its…
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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…
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LD Düsseldorf, September 6, 2024, order of the court of first instance, UPC_CFI_165/2024 and UPC_CFI_166/2024
Existence of infringement is assessed on the basis of UPC law without recourse to national patent law: Art. 25 UPCA (right to prevent the direct use of the invention) constitutes uniform substantive law and Art. 62 (1) UPCA (provisional and protective measures) uniform procedural law, which takes precedence over national patent laws so that these…
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RD Nordic-Baltic, Procedural order on stay of proceedings, UPC_CFI_380/2023
During the written procedure, Article 33(10) UPCA and Rule 295(a) RoP give the Court a possibility to stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO if a rapid decision may be expected from the EPO: The Court must respect the fundamental right to an effective legal…
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CD Paris, August 21, 2024, Order on stay of revocation proceedings, UPC_CFI_230/2024
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…
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LD Paris, 24 July 2024, Procedural order of the Court of First Instance, UPC_CFI_440/2023
Pendency of an action: The pendency of an action is determined by the date of the registration with the Division concerned – in other words, the pendency of an action is independent on whether or not the defendant has already accepted service of the statement of a claim. Same parties according to Art. 33 (4)…
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LD Munich, February 2, 2024, procedural order, UPC_CFI_14/2023
Request of referral of a counterclaim for revocation to the Central Division by the parties (Art. 33(3)(c) UPCA): According to Article 33(3)(c) UPCA, a Local Division may refer the case for decision to the central division based on the agreement of the parties. Strong counterarguments would be necessary for the Local Division not to grant…
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CoA, May 28, 2024, Order, UPC_CoA_22/2024
Regularly proceedings must be conducted in a way, which will allow the final oral hearing at first instace to take place within one year. As a general principle, the Court will not stay proceedings: Art. 33.10 UPCA and R. 295.a RoP must be applied and interpreted in accordance with the fundamental right to an effective…
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CD Paris, April 25, 2024, Procedural Order, UPC_CFI-361/2023
Key Takeaways Neither a Preliminary Objection nor the likelihood of an appeal against its rejection are relevant factors for the stay of the proceedings : Neither the fact that a Preliminary Objection has been lodged nor the likelihood of success of the appeal against the rejection of the Preliminary Objection are relevantfactors for deciding whether…
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CoA Luxembourg, 26 February 2024, procedural order on application to stay, UPC_CoA_3352023
No stay of proceedings if party was declared insolvent after the oral hearing had concluded and the legal dispute was ready for a decision, R. 311.1 RoP, Art. 41 (3) UPCA: A court shall stay the proceedings if a party is declared insolvent, R.311.1. However, the Rules must be interpreted in accordance with Art. 41(3)…
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CD Munich, December 28, 2023, Preliminary Order, UPC_CFI_75/2023
Request under Rule 262.1(b) can be stayed if Court considers the outcome of appeal proceedings in a different case highly likely to be of relevance for the decision: Upon request under Rule 262.1(b) RoP of the Applicant to make available all written pleadings and evidence the Court decided to wait for the outcome of appeal…
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Court of Appeal, February 26, 2024, order on stay of proceedings after insolvency, UPC_CoA_335/2023
Proceedings are not required to be stayed under Rule 311.1, 1st sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision: This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the…
3 min Reading time→
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