UPC Central Division: Stay of Proceedings

In written proceedings, the Court may stay proceedings if the patent in suit is also the subject of opposition proceedings before the European Patent Office and a swift decision from the European Patent Office is expected. Rule 118.2(b) of the Rules of Procedure, which provides for a compulsory stay of proceedings in certain situations, only applies during oral proceedings. This follows from the heading of Rule 118 and the fact that it is contained in the chapter of the Rules of Procedure addressing oral hearings. An application to stay proceedings under Article 33(3)(b) of the Agreement on a Unified Patent Court may be refused if no party has proposed referring the revocation counterclaim to the central division (Nordic-Baltic Regional Division, 20 August 2024, Court of First Instance 380/2023).