UPC APP 1176/2025

—·EP4072364 +1 more: PROTECTIVE DEVICE AND METHOD FOR MAKING SAID PROTECTIVE DEVICE

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
Dainese S.p.A.
Reps:
Respondents
Alpinestars S.p.A.
Alpinestars Research S.p.A.
Omnia Retail S.r.l.
Horizon Moto 95 - Maxxess Cergy
Zund.Stoff Augsburg/Ulrich Herpich E.K.
MOTOCARD BIKE, S.L.
Reps:
Division: Milan LD
Judges: Pierluigi Perrotti · Presiding judge
Alima Zana · Judge-rapporteur
Anna-Lena Klein · Legally qualified judge
Graham Ashley · Technically qualified judge
Technology: Automotive
Language: —
First decided: Jan 15, 2025

Decisions

2025-01-15
Generic application
Milan Local Division granted Alpinestars S.p.A.'s request to extend the deadline for filing its Statement of Defence and counterclaim for revocation from 20 January 2025 to 20 February 2025, to allow the outcome of EPO appeal proceedings concerning EP 3 498 117 (oral hearing on 13 February 2025) to be incorporated. The court held that extending time limits, rather than staying proceedings, best balances procedural efficiency and the right to be heard in light of concurrent EPO appeal proceedings.
Legal issues:Extension of time limits under Rule 9 RoPCoordination of UPC and EPO appeal proceedingsStay of proceedings vs extension of deadlines under Rule 118 and Rule 295 RoP

Documents