Overview · Filed: —
APL_50205/2024
AppealsMain AppealCourt of AppealAppeal RoP220.2—
This case cites
Authorities cited within the decisions on file for this case.
Rules of Procedure · 6
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 222.2 | new submissions on appeal | Binding | Pursuant to R. 222.2 RoP, the Court of Appeal may disregard "requests, facts and evidence" which were not submitted by a party during the proceedings before the Court of First Instance. This wording makes it clear that the rule does not apply to legal arguments. |
| 295 | stay of proceedings | Binding | This provision has been implemented in both R. 295(g) RoP, which refers to R. 118 RoP, and R. 295(a) RoP. |
| 295 | stay of proceedings | Binding | Pursuant to Art. 33(10) UPCA and R. 295(a) RoP, the Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO when a rapid decision may be expected from the EPO. |
| 118.2 | stay of proceedings | Binding | R. 118.2(b) RoP and R. 295(g) RoP are therefore applicable when the case is ready for a decision. |
| 118 | stay of proceedings | Binding | R. 118 RoP contains provisions regarding decisions on the merits. |
| 295 | stay of proceedings | Distinguished | Under R. 295(m) RoP, the Court may stay proceedings "in any other case where the proper administration of justice so requires". However, this general ground for a stay is not applicable in the present case |
EPC article · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 33 | stay of proceedings | Binding | Art. 33(10) UPCA provides that the Court may stay its proceedings if a rapid decision may be expected from the EPO. |
UPC Court of Appeal · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CoA_22/2024 | stay of proceedings | Distinguished | Unlike decisions in parallel revocation proceedings and opposition proceedings, which are not irreconcilable (Court of Appeal 28 May 20204, APL_3507/2024, UPC_CoA_22/2024, Carrier/BITZER, paragraph 25) |
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