CD Paris, August 21, 2024, Order On Stay Of Revocation Proceedings, UPC_CFI_230/2024

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.

Explore Firm Details

An appeal against the denial of provisional measures does generally not justify a stay of revocation proceedings pursuant to Rule 295(m) RoP. Rule 295(m)...

Germany Intellectual Property

1. Key takeaways

Stay of revocation action pursuant to Rule 295(m) RoP

An appeal against the denial of provisional measures does generally not justify a stay of revocation proceedings pursuant to Rule 295(m) RoP. Rule 295(m) RoP must be applied and interpreted in accordance with the principle according to which proceedings must be conducted in a way which will normally allow the final oral hearing at first instance to take place within one year. It follows that, as a general principle, the Court will not stay the revocation proceedings.

2. Division

Central Division Paris

3. UPC number

UPC_CFI_230/2024

4. Type of proceedings

Revocation action

5. Parties

Applicant, Defendant in the main action: BALLINNO B.V

Respondent, Plaintiff in the main action: KINEXON SPORTS & MEDIA GMBH

6. Patent(s)

EP 1 944 067 B1

7. Body of legislation / Rules

Rule 295(m) RoP. Rule 295(m) RoP

To view the full article, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.