SONN Patentanwälte – IP Attorneys

1. UPC Central Division: Stay of Proceedings

   An appeal against the refusal of interim measures generally does not justify staying the revocation proceedings. Rule 295(m) of the Rules of Procedure must be applied and interpreted in accordance with the principle that proceedings should be conducted so that the final hearing at first instance...

2. 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...

3. 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...

4. UPC Court of Appeal: Stay of proceedings in the event of insolvency

   In accordance with the principle of procedural and cost efficiency as well as the principle of fair balance of legitimate interests of the parties – both of which have to be taken into account when interpreting RoP Art 41(3) EPC – the proceedings under R 311.1 RoP shall not be stayed if a party is...

5. UPC Court of Appeal: Stay of proceedings in the event of insolvency of a party

   In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which are to be taken into account in the interpretation of the rules of the Rules of Procedure pursuant to Article 41(3) UPCA, the proceedings do...