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UPC CoA 22/2024
Jan 23, 2024
- Case details
- StatusCase ClosedActionAppealCategoryMain appeal
- Parties
- Claimants
- Carrier CorporationOperating co.
- Division
- Court of Appeal
- Language
- English
- First decided
- May 28, 2024
How this compares
How long the court takes to reach a first decision.
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Klaus Grabinski | Locked |
| Judge Peter Blok | Locked |
At the UPC: Carrier Corporation (5 cases)·BITZER Electronics A/S (5 cases)
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Related cases
Decisions
- 2024-05-28Appeal RoP220.2Public
Summary: 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.
Show the legal issues (5)
- Stay of proceedings pending EPO opposition (Art. 33(10) UPCA, R. 295(a) RoP)
- Principle of no automatic stay
- Rapid EPO decision requirement
- Irreconcilable decisions
- Right to effective legal remedy (Art. 6 ECHR, Art. 47 Charter)
Documents
Show all 59 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 |