ARTICLE
18 December 2024

Nordic-Baltic Regional Division, December 11, 2024, Order On Adjournment Of Oral Hearing, UPC_CFI_380/2023, ACT_582093/2023

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Bardehle Pagenberg

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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.
The request to stay the proceedings shall be decided on the basis of R. 295(a) RoP in conjunction with Art. 33(10) UPCA. In exercising its discretion...
Germany Intellectual Property

1. Key takeaways

The Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO when a rapid decision may be expected from the EPO

The request to stay the proceedings shall be decided on the basis of R. 295(a) RoP in conjunction with Art. 33(10) UPCA. In exercising its discretion the court shall take into account the interests of the parties and the relevant circumstances of the case. Furthermore, an effort should be made to avoid contradictory decisions by the UPC and the EPO.

A delay of the court's decision is a circumstance that the court can take into account

Proceedings before the UPC shall be conducted in a way which will normally allow the final oral hearing at first instance to take place within one year. If the adjournment of the oral hearing would further dealy the proceedings, even though the oral hearing will already only take place over a year after the statement of claim was served, the court may also decide against an adjournment. However, in this case the parties shall inform the court about the decision of the EPO and the court can still take this into account after the oral hearing.

2. Division

Nordic-Baltic Regional Division

3. UPC number

UPC_CFI_380/2023, ACT_582093/2023, ORD_65290/2024

4. Type of proceedings

Infringement action, with Counetrclaims for revocation

5. Parties

Applicants/Defendants: MERIL LIFE SCIENCES PVT LIMITED et. al

Respondent/Claimant: EDWARDS LIFESCIENCES CORPORATION

6. Patent(s)

EP 3 769 722

7.Body of legislation / Rules

Rule 295(a) RoP, Art. 33(10) UPCA

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