UPC CoA 328/2025

Vor dem UPC: Juul Labs Group (33 Verfahren)·Altria Group (45 Verfahren)

• 2026-01-09
  Withdrawal (RoP265)Öffentlich

  Zusammenfassung: The Court of Appeal permitted Juul Labs International, Inc. to withdraw its appeal (UPC_CoA_328/2025) against the Central Division Paris revocation decision (UPC_CFI_314/2023), following the EPO Boards of Appeal dismissal of Juul Labs' parallel EPO opposition appeal on 14 November 2025. The appeal was permitted to be withdrawn without NJOY's consent as NJOY had no legitimate interest in the appeal being decided. Court fees were reimbursed under the pre-1 January 2026 rate of 60% (as the original action was filed before 31 December 2025). The headnote clarifies that the amended R.370.9(b) RoP (50% reimbursement) only applies to actions filed after 31 December 2025.

  Rechtsfragen anzeigen (4)

  • Withdrawal of appeal under R.265 RoP
  • Reimbursement of court fees under R.370.9(b) RoP
  • Transitional application of amended court fee rules
  • Effect of EPO appeal dismissal on UPC proceedings
• 2025-04-30
  Öffentlich

  Zusammenfassung: Court of Appeal (Panel 2) order staying appeal proceedings in a revocation action concerning EP 3 504 990 (a patent relating to nicotine/vaping products). The Central Division Paris had revoked the patent at first instance. Juul Labs appealed and applied for a stay pending parallel EPO opposition appeal proceedings (oral hearing scheduled for 14 November 2025). NJOY consented to the stay. The Court of Appeal granted the stay under R. 295(a) RoP / Art. 33(10) UPCA, finding that the EPO proceedings could be expected to conclude rapidly relative to the UPC's own timetable.

  Rechtsfragen anzeigen (3)

  • Stay of proceedings pending EPO opposition appeal (R. 295(a) RoP / Art. 33(10) UPCA)
  • Definition of 'rapidly' for EPO proceedings
  • Consent of both parties to stay