ARTICLE
30 December 2024

CoA Luxembourg, December 17, 2024, Application For Suspensive Effect, UPC_CoA_810/2024

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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 primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency.
Luxembourg Intellectual Property

1. Key takeaways

Suspensive Effect of Appeal

The primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency.

Requirement of Extreme Urgency

The Court emphasized that the applicant must demonstrate the existence of an extreme urgency to justify suspensive effect. In this case, the applicant, the applicant merely argued that it will be be forced to comply with a manifestly wrong order without providing sufficient evidence for an extreme urgency.

Legal Provisions

Rule 223.4 RoP: Governs applications for suspensive effect in cases of extreme urgency.

Article 74.1 UPCA: States that an appeal shall not have suspensive effect unless decided otherwise by the Court of Appeal.

Rule 220.2 RoP: Pertains to the appeal process.

Article 41(1) UPCA: Relates to the provision of security for legal costs.

2. Division

Court of Appeal of the Unified Patent Court

3. UPC number

UPC_CoA_810/2024, App_66516/2024

4. Type of proceedings

Application for Suspensive Effect

5. Parties

Applicant and Defendant in the Main Proceedings: Curio Bioscience Inc.

Respondent and Claimant in the Main Proceedings: 10x Genomics, Inc.

6. Patent(s)

EP 2 697 391 B1

7. Body of legislation / Rules

R. 223 RoP

Art. 74(1) UPCA

UPC_CoA_810_2024_CoA_Curio_10xGenomics_suspensive_effect_223_4_RoP

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