UPClytics
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APL 3507/2024

Case details
Status
Action
Appeal
Category
Main Appeal
Division
Court of Appeal
Judges
Language
First decided
May 28, 2024
Decisions
  • 2024-05-28
    Appeal decisionAppeal RoP220.2

    Order from the Court of Appeal (UPC_CoA_22/2024) dismissing Carrier Corporation's appeal against the Court of First Instance's refusal to stay revocation proceedings pending EPO opposition proceedings concerning BITZER Electronics' patent. The Court laid down key principles: UPC will generally not stay proceedings; the mere existence of parallel EPO opposition proceedings is insufficient to justify a stay; and a stay is only justified where a rapid EPO decision may be expected (R. 295(a) RoP). No rapid EPO decision was expected in this case, as the UPC hearing was scheduled for June 2024 and the EPO oral hearing for October 2024.

    Legal issues:Stay of proceedings pending EPO opposition (Art. 33(10) UPCA, R. 295(a) RoP)Principle of no automatic stayRapid EPO decision requirementIrreconcilable decisionsRight to effective legal remedy (Art. 6 ECHR, Art. 47 Charter)
Documents
  • A07B766D91AF04CD8A5B550A6D966CD5_en.pdf2024-05-28EN