UPC_APP_53031/2024

The Court of Appeal partially granted Belkin's application for suspensive effect concerning the Munich Local Division's infringement decision (UPC_CFI_390/2023) in respect of EP 2 867 997. The Court granted suspensive effect specifically in relation to the publication order (Philips was not permitted to publish the impugned decision pending the appeal). However, suspensive effect was denied in all other respects as Belkin failed to demonstrate manifest error or infringement of fundamental procedural rights. The Court also held that a director of a patent-infringing company is not a 'third party intermediary' under Art. 63 UPCA merely by reason of their directorship. Security for enforcement under R.352.1 RoP must be ordered at the time of the decision, not retrospectively.