UPC CoA 237/2025
Mar 17, 2025·EP3430921 · VAPORIZATION DEVICE SYSTEMS AND METHODS
- Case details
- StatusCase Closed (Withdrawn)ActionAppealCategoryMain appeal
- Parties
- Claimants
- Juul Labs, Inc.Operating co.
Representatives- Bernhard Thum-Thum & Partner
- Not named-Bardehle Pagenberg
Respondents- NJOY Netherlands B.V.Operating co.
Representatives- Henrik Holzapfel-McDermott Will & Schulte
- Division
- Court of Appeal
- Technology
- Electrical engineeringElectrical machinery, apparatus, energy
- InstrumentsMedical technology
- Other fieldsOther consumer goods
- Language
- English
- First decided
- Apr 25, 2025
- Last decision
- Jan 9, 2026
- EPO Opposition
- Smokeless.world GmbHAdmissible2022-05-03
- Philip Morris Products S.A.Admissible2022-05-03
- Nicoventures Trading LimitedAdmissible2022-05-04
- STRAWMAN LIMITEDWithdrawn2022-05-04
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Rian Kalden | Locked |
| Judge Ingeborg Simonsson | Locked |
| Judge Patricia Rombach | Locked |
| Judge Andrea Scilletta | Locked |
| Judge Wiem Samoud | Locked |
At the UPC: Juul Labs Group (33 cases)·Altria Group (45 cases)
This dispute contains 17 other proceedings
UPC CFI 531/2026·UPC CFI 537/2026·UPC CFI 538/2026·UPC CoA 328/2025·UPC CFI 298/2025 and 12 more
5 other defendants litigating the same or a related patent
UPC CFI 330/2023·APL 588420/2023·APL 588422/2023·APL 588423/2023·APL 588426/2023
Start a free trial to see how each one ended.
More cases: Court of Appeal·2025
- 2026-01-09Withdrawal (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
- 2025-04-25Application 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
| Document title | Date | Public |
|---|---|---|
| Case closed | 2026-01-16 | Not public |
| 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 |
| Communication | 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 |
| 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 |
| 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 |