UPC denies stay of proceedings in cases with co-pending EPO opposition

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UPC denies stay of proceedings in cases with co-pending EPO opposition

Sponsored by

inspicos-400px recrop.jpg
clock-2777504.jpg

Jakob Pade Frederiksen of Inspicos says a Unified Patent Court decision not to stay a revocation action while a parallel EPO opposition proceeding takes place provides another indication of the court’s fast pace

When the Unified Patent Court (UPC) started operating on June 1 2023, future users of the court and patent practitioners awaited with interest how the court would apply rules 295(a) and 298 of the UPC’s Rules of Procedure (RoP). The rules lay down that the court may stay proceedings relating to a patent that is also the subject of opposition proceedings before the EPO where a decision in such proceedings may be expected to be given rapidly.

The Court of Appeal of the UPC has now provided a first indication of its future practice in this respect. In case CoA_22/2024, the Court of Appeal confirmed a decision of the Court of First Instance not to stay a revocation action pending the outcome of parallel EPO opposition proceedings concerning the same patent.

In its ruling, the Court of Appeal held that the existence of parallel EPO opposition proceedings is not a sufficient reason to stay revocation proceedings before the UPC. The fact that the EPO proceedings were conducted at an accelerated pace was taken into account but not considered sufficient for the grant of stay.

The Court of First Instance subsequently decided on the merits of the case on July 29 2024 (case CFI_263/2023). Oral proceedings before the Opposition Division of the EPO (first instance) are scheduled for October 24 2024. The UPC revocation action and the EPO notice of opposition were filed on the same day, June 28 2023.

The case underlines that UPC proceedings run at a fast pace, and the UPC has sent a clear signal that parties should not expect a stay of proceedings on the mere ground that EPO opposition proceedings are in existence, even if such opposition proceedings are accelerated.

more from across site and SHARED ros bottom lb

More from across our site

Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
US law firms highlight litigation profitability and client demand as driving forces behind a boom in lateral hires in the life sciences sector
The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Gift this article