1. Key takeaways
Application for suspensive effect (R. 223 RoP)
Although R.223.5 RoP provides that there shall be no suspensive effect for an order pursuant to (amongst other) R.220.2 RoP, the Court of Appeal considers that this does not preclude that an application for suspensive effect is lodged – and if justified, granted – for such orders based on the prevalence of Art. 74 UPCA. Although suspensive effect may not be excluded from the outset, the Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive effect. An exception to the principle that an appeal has no suspensive effect may apply if the appealed order or decision is manifestly erroneous, or if the appeal becomes devoid of purpose in the absence of suspensive effect.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_758/2015 and UPC_CoA_759/2025
4. Type of proceedings
Place type of proceedings
5. Parties
Sun Patent Trust vs. Vivo Mobile Communication Co., Ltd, Vivo Tech GmbH, Vivo Mobile Communication Iberia SL
6. Patent(s)
EP 3 852 468
7. Jurisdictions
Place jurisdictions
8. Body of legislation / Rules
Rule 223 RoP
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.
