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UPC CoA 237/2025

Mar 17, 2025·EP3430921 · VAPORIZATION DEVICE SYSTEMS AND METHODS

Case details
Status
Case Closed (Withdrawn)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Electrical engineering
    Electrical machinery, apparatus, energy
  • Instruments
    Medical technology
  • Other fields
    Other consumer goods
Language
English
First decided
Apr 25, 2025
Last decision
Jan 9, 2026
EPO Opposition
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Ingeborg SimonssonLocked
Judge Patricia RombachLocked
Judge Andrea ScillettaLocked
Judge Wiem SamoudLocked

At the UPC: Juul Labs Group (33 cases)·Altria Group (45 cases)

Decisions
  • 2026-01-09
    Withdrawal (RoP265)Public

    Summary: 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.

    Show the legal issues (3)
    • Withdrawal of appeal under R.265 RoP
    • Reimbursement of court fees under R.370.9 RoP
    • Effect of EPO Boards of Appeal decision on UPC proceedings
  • 2025-04-28

    Summary: 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.

    Show the legal issues (4)
    • Stay of proceedings pending EPO opposition appeal (R.295 RoP)
    • Meaning of 'rapid decision' in R.295(a) RoP
    • Consent of both parties to stay
    • Accelerated EPO proceedings
  • 2025-04-25
    Application RoP262.1 (b)Public

    Summary: 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.

    Show the legal issues (4)
    • Public access to written pleadings
    • R. 262.1(b) RoP
    • Admissibility of access requests
    • Conditions on access
Documents
Document titleDatePublic
Case closed2026-01-16Not public
Decision2026-01-12Not public
Decision2026-01-12Public
Receipt2025-12-23Not public
Cover sheet2025-12-23Not public
Other document Appellant2025-12-23Not public
Communication2025-12-23Not public
Cover sheet2025-11-20Not public
Other document Respondent2025-11-20Not public
Other document Respondent2025-11-20Not public
Receipt2025-11-20Not public
Order2025-11-18Not public
Order2025-11-18Public
Cover sheet2025-11-14Not public
Other document Appellant2025-11-14Not public
Receipt2025-11-14Not public
Order2025-11-04Not public
Order2025-11-04Public
Cover sheet2025-11-04Not public
Other document Respondent2025-11-04Not public
Other document Respondent2025-11-04Not public
Receipt2025-11-04Not public
Headnote-and-Keywords2025-04-28Not public
Outcome of the Order2025-04-28Not public
Order stay of proceedings2025-04-28Public
NJOY comments on stay of proceedings2025-04-17Not public
Request for comments on application to stay proceedings2025-04-07Not public
Panel-Appointment2025-04-03Not public
Receipt2025-04-01Not public
Panel-Appointment2025-04-01Not public
Receipt2025-04-01Not public
Acknowledgement-of-lodging2025-04-01Not public
Formal-checks_Notification-of-positive-outcome2025-04-01Not public
EP921 - Response to Formal Request for Correction_signed2025-03-31Not public
EP921 - Statement of appeal_ ACT_571808_2023 - UPC_CFI 316_2023 - TuP_signed2025-03-31Not public
EP921 - Response to Formal Request for Correction_signed2025-03-31Not public
EP921 - Statement of appeal_ ACT_571808_2023 - UPC_CFI 316_2023 - TuP_signed2025-03-31Not public
Exhibit TP-14 - EP 921 - Payment receipt for Court fee for an Appeal2025-03-31Not public
Formal-checks_Request-for-correction2025-03-25Not public
EP921 - Application for stay of proceedings2025-03-21Not public
Exhibit TP-13 - Communication of EPO Board of Appeal dated 22 January 20252025-03-21Not public
Acknowledgement-of-lodging2025-03-17Not public
EP921 - Statement of appeal_ ACT_571808_2023 - UPC_CFI 316_2023 - TuP_signed2025-03-17Not public