Luxembourg: Arbitration & Dispute Resolution

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Article
CoA, August 5, 2026, Order On An Application For Suspensive Effect, UPC_CoA_118/2026, UPC_CoA_119/2026, UPC_CoA_120/2026
The Court of Appeal in Luxembourg addresses critical procedural questions regarding the suspension of first-instance proceedings during appeals of preliminary objection rejections under the Unified Patent Court Agreement. The decision examines whether exceptional circumstances warrant staying proceedings and clarifies the court's authority to conditionally add interveners as parties to ensure counterclaim admissibility.
Luxembourg Litigation
BP
Bardehle Pagenberg
Article
Court Of Appeal – Clarification On A Conditional Counterclaim For Revocation – UPC-CoA-40/2026, 16 July 2026, Emboline, Inc. v. AorticLab, Srl
The Court of Appeal of the Unified Patent Court addresses a procedural question regarding conditional appeals in patent revocation counterclaims. This case examines when fee obligations are triggered for counterclaimants who lodge conditional appeals tied to the infringement claimant's appeal, and how the Rules of Procedure govern such conditional filings in UPC proceedings.
Luxembourg Litigation
BP
Bardehle Pagenberg
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