APL_26889/2024

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.