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.
