UPC CoA 237/2025
Mar 17, 2025·EP3430921: VAPORIZATION DEVICE SYSTEMS AND METHODS
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- Division
- Court of Appeal
- Technology
- Electric Techniques
- Language
- English
- First decided
- Apr 25, 2025
- Last decision
- Jan 9, 2026
- 2026-01-09WithdrawnWithdrawalWithdrawal (RoP265)
The Court of Appeal permitted Juul Labs International, Inc. to withdraw its appeal against the Central Division Paris revocation decision (UPC_CFI_316/2023, 17 January 2025), which had revoked EP 3 430 921 across multiple UPC member states. The withdrawal was prompted by the EPO Boards of Appeal dismissing Juul Labs' appeal on 20 October 2025, confirming the patent's revocation by the EPO Opposition Division (decision of 10 September 2024). NJOY had no legitimate interest in the appeal being decided. Court fees were reimbursed under the pre-2026 rate.
Legal issues:Withdrawal of appeal under R.265 RoPReimbursement of court fees under R.370.9 RoPEffect of EPO Boards of Appeal decision on UPC proceedings - 2025-04-28Generic application
The UPC Court of Appeal granted Juul Labs International's application to stay the revocation appeal proceedings pending a final decision by the EPO Boards of Appeal in parallel opposition proceedings concerning EP3430921, noting that both parties agreed to the stay and that the EPO oral proceedings were scheduled for approximately the same time as the UPC appeal hearing.
Legal issues:Stay of proceedings pending EPO opposition appeal (R.295 RoP)Meaning of 'rapid decision' in R.295(a) RoPConsent of both parties to stayAccelerated EPO proceedings - 2025-04-25Application RoP262.1 (b)
The Court of Appeal granted a member of the public (Nicoventures) immediate access to written pleadings and evidence under R. 262.1(b) RoP, subject to conditions restricting use of those documents in other proceedings until the appeal is resolved.
Legal issues:Public access to written pleadingsR. 262.1(b) RoPAdmissibility of access requestsConditions on access
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2026-01-16 | Not public |
| action.issueDecision.decision | 2026-01-12 | Not public |
| Decision | 2026-01-12 | Public |
| Receipt | 2025-12-23 | Not public |
| Cover sheet | 2025-12-23 | Not public |
| Other document Appellant | 2025-12-23 | Not public |
| action.communication.general | 2025-12-23 | Not public |
| Cover sheet | 2025-11-20 | Not public |
| Other document Respondent | 2025-11-20 | Not public |
| Other document Respondent | 2025-11-20 | Not public |
| Receipt | 2025-11-20 | Not public |
| action.issueOrder.order | 2025-11-18 | Not public |
| Order | 2025-11-18 | Public |
| Cover sheet | 2025-11-14 | Not public |
| Other document Appellant | 2025-11-14 | Not public |
| Receipt | 2025-11-14 | Not public |
| action.issueOrder.order | 2025-11-04 | Not public |
| Order | 2025-11-04 | Public |
| Cover sheet | 2025-11-04 | Not public |
| Other document Respondent | 2025-11-04 | Not public |
| Other document Respondent | 2025-11-04 | Not public |
| Receipt | 2025-11-04 | Not public |
| Headnote-and-Keywords | 2025-04-28 | Not public |
| Outcome of the Order | 2025-04-28 | Not public |
| Order stay of proceedings | 2025-04-28 | Public |
| NJOY comments on stay of proceedings | 2025-04-17 | Not public |
| Request for comments on application to stay proceedings | 2025-04-07 | Not public |
| Panel-Appointment | 2025-04-03 | Not public |
| Receipt | 2025-04-01 | Not public |
| Panel-Appointment | 2025-04-01 | Not public |
| Receipt | 2025-04-01 | Not public |
| Acknowledgement-of-lodging | 2025-04-01 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-04-01 | Not public |
| EP921 - Response to Formal Request for Correction_signed | 2025-03-31 | Not public |
| EP921 - Statement of appeal_ ACT_571808_2023 - UPC_CFI 316_2023 - TuP_signed | 2025-03-31 | Not public |
| EP921 - Response to Formal Request for Correction_signed | 2025-03-31 | Not public |
| EP921 - Statement of appeal_ ACT_571808_2023 - UPC_CFI 316_2023 - TuP_signed | 2025-03-31 | Not public |
| Exhibit TP-14 - EP 921 - Payment receipt for Court fee for an Appeal | 2025-03-31 | Not public |
| Formal-checks_Request-for-correction | 2025-03-25 | Not public |
| EP921 - Application for stay of proceedings | 2025-03-21 | Not public |
| Exhibit TP-13 - Communication of EPO Board of Appeal dated 22 January 2025 | 2025-03-21 | Not public |
| Acknowledgement-of-lodging | 2025-03-17 | Not public |
| EP921 - Statement of appeal_ ACT_571808_2023 - UPC_CFI 316_2023 - TuP_signed | 2025-03-17 | Not public |