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UPC CoA 22/2024
Jan 23, 2024
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- Division
- Court of Appeal
- Language
- English
- First decided
- May 28, 2024
Decisions
- 2024-05-28Appeal 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
| Document title | Date | Public |
|---|---|---|
| Acknowledgement-of-lodging | 2024-05-31 | Not public |
| Headnote-and-Keywords | 2024-05-28 | Not public |
| Outcome of the Order | 2024-05-28 | Not public |
| Final order | 2024-05-28 | Public |
| Outcome of the Order | 2024-05-28 | Not public |
| DecisionOutcome | 2024-05-28 | Not public |
| Final order | 2024-05-28 | Public |
| Hearing Reference | 2024-05-03 | Not public |
| Hearing Reference | 2024-05-03 | Not public |
| Receipt | 2024-05-02 | Not public |
| Application pursusant to R263 RoP | 2024-05-01 | Not public |
| Re-re-amended statement of appeal (tracked changes) | 2024-05-01 | Not public |
| Re-re-amended statement of appeal | 2024-05-01 | Not public |
| Exhibit I | 2024-05-01 | Not public |
| Procedural order on R 263 application | 2024-04-26 | Public |
| Receipt | 2024-04-22 | Not public |
| Further amended statement of appeal | 2024-04-19 | Not public |
| Application pursusant to Rule 263 RoP | 2024-04-19 | Not public |
| Further amended statement of appeal (tracked changes) | 2024-04-19 | Not public |
| Order issued 20 December 2023 | 2024-04-19 | Not public |
| Decision issued 10 April 2024 | 2024-04-19 | Not public |
| Annex 1 | 2024-04-19 | Not public |
| interimProcedureClosure | 2024-04-05 | Not public |
| summons | 2024-04-05 | Not public |
| Receipt | 2024-04-04 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-04-04 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-04-04 | Not public |
| amended appeal response | 2024-04-04 | Not public |
| amended appeal response | 2024-04-04 | Not public |
| Exhibit H | 2024-03-28 | Not public |
| Amended statement of appeal (tracked changes) | 2024-03-28 | Not public |
| Exhibit G | 2024-03-28 | Not public |
| Amended statement of appeal (tracked changes) | 2024-03-28 | Not public |
| Exhibit H | 2024-03-28 | Not public |
| Exhibit G | 2024-03-28 | Not public |
| Amended statement of appeal | 2024-03-28 | Not public |
| Amended statement of appeal | 2024-03-28 | Not public |
| Second procedural order interim procedure | 2024-03-18 | Public |
| Order | 2024-03-18 | Not public |
| Confirmation of availability | 2024-03-15 | Not public |
| response to summons - conflict | 2024-03-13 | Not public |
| Order | 2024-03-12 | Public |
| Agreement to use videoconference | 2024-03-04 | Not public |
| confirmation video conference | 2024-03-01 | Not public |
| Preliminary order | 2024-02-27 | Not public |
| interimConferenceDecisionAppeal | 2024-02-27 | Not public |
| Acknowledgement-of-lodging | 2024-02-12 | Not public |
| MB A1 | 2024-02-12 | Not public |
| Comments to appeal 3507-2024 | 2024-02-12 | Not public |
| Acknowledgement of access to case | 2024-01-26 | Not public |
| Notification Of Service | 2024-01-26 | Not public |
| Acknowledgement-of-lodging | 2024-01-25 | Not public |
| Panel-Appointment | 2024-01-24 | Not public |
| Receipt | 2024-01-24 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-01-24 | Not public |
| Acknowledgement-of-lodging | 2024-01-23 | Not public |
| Statement of Appeal and Statement of Grounds of Appeal | 2024-01-23 | Not public |
| Exhibit F - EPO Official Journal 2023-A99 | 2024-01-23 | Not public |
| Payment confirmation | 2024-01-23 | Not public |