- in European Union
- in European Union
- within Privacy, Food, Drugs, Healthcare and Life Sciences topic(s)
1. Key takeaways
EPO Board of Appeal Revocation Renders UPC Revocation Action Devoid of Purpose
Stayed UPC proceedings must be resumed under R. 296.2 RoP once the triggering event — here a final EPO Board of Appeal decision — has occurred.
Where neither party retains a legal interest in adjudication, the action is disposed of under R. 360 and R. 363 RoP without examination of the merits.
The unsuccessful party (here: Patentee/Defendant) bears costs under Art. 69(1) UPCA even in proceedings disposed of without a merits decision (R. 150 RoP).
2. Division
Central Division (Section Munich)
3. UPC number
UPC 830/2024
4. Type of proceedings
Revocation action
5. Parties
Claimant: UPM-Kymmene Oy
Defendant: International N&H Denmark ApS
1. Patent(s)
EP 3 540 068
2. Jurisdictions
UPC
3. Body of legislation / Rules
Rule 150, 360 RoP, Art.69 UPCA.
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