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UPC Local Division: Stay of proceedings

Oral proceedings as part of revocation proceedings concerning a patent in suit were scheduled for September 25, 2024; The patent in suit expires in January 2025. In a parallel opposition procedure, no hearing has yet been scheduled. The defendant requests the stay of the revocation proceedings. The request for stay is rejected. Pursuant to Art 33 (10) UPCA, the Court may stay proceedings if a quick decision from the EPO can be expected. Hence, the Court has the discretion to stay proceedings until the EPO opposition proceedings are finalized - if a rapid decision can be expected in the EPO opposition proceedings. However, in the present case no "rapid decision" is to be expected; no date for the EPO opposition hearing has been set and a decision is not expected in the next three to four months. The interest of the claimant in continuing the proceedings therefore outweighs the defendant’s interest in staying them. The claimant has a legitimate interest in continued proceedings before the patent expires (Paris Local Division, UPC April 25, 2024, CFI 361/2023).