UPC CoA 227/2024

Court of Appeal ordered the stay of UPC revocation proceedings (UPC_CFI_484/2023) in Mala Technologies Ltd. v Nokia Technology GmbH concerning EP 2 044 709 (German part only), pending the outcome of parallel German Federal Patent Court/BGH revocation proceedings initiated by Nokia Solutions. Applying Art. 30 Brussels I recast Regulation, the court found that the causes of action in both proceedings are almost identical, the parties closely related, and the German proceedings at a more advanced stage. Mala's request for stay was upheld, and Nokia Technology's auxiliary request to limit the stay to the German part was rejected as moot.

The Court of Appeal ruled on Mala Technologies Ltd.'s appeal against the Paris Central Division's order on a preliminary objection, and its associated request to stay first-instance proceedings pending appeal. The CoA held that a request to stay first-instance proceedings under R. 21.2 RoP must be 'reasoned' in the written statement; submissions first made at an interim conference cannot substitute for that written reasoning. Mala's request to stay was accordingly rejected. The order also summoned the parties to an oral hearing by videoconference.