UPC Central Division Munich, 20 November 2023: Revocation action currently not stayed because of expected decision EPO
07-12-2023 Print this page
Revocation action currently not stayed because of "rapid decision expected from the EPO", but continued at least until the interim conference which is to be held on 14 March 2024 (article 33(10) UPCA, Rule 295(a) RoP)).
The Court finds that the Claimant has credibly established that it has a legitimate interest in pursuing this revocation action with the aim of obtaining (at least some degree of) commercial certainty in view of the Patent.
Rapid decision expected from the EPO requires that there should be a concrete expectation (i.e. a known date in time) for a decision which date should be in the near future such that it is clearly expected to be delivered before an expected decision by the UPC.
Decision not limited to final decisions of the EPO.
