UPC CFI RD Nordic-Baltic, 20 August 2024: No stay for pending EPO opposition

No stay of proceedings because a final decision in EPO opposition cannot be expected rapidly; notice of opposition filed on 7 March 2024 (Article 33(10) UPCA, Rule 295(a) RoP). 

Stay of proceedings because of pending EPO opposition is during the written procedure governed by Article 33(10) UPCA and Rule 295(a) RoP (containing the option to stay). 

Rule 118 RoP (containing an option to stay as well as an obligation to stay) only applies to the oral procedure. 

Although the general provision of Rule 295(m) RoP may in theory apply in certain situations where an EPO opposition is pending, Article 33(10) UPCA and Rule 295(a) RoP contain the more specific provisions. 

Stay of proceedings based on Article 33(3) UPCA in case of a counterclaim for revocation may be dismissed if bifurcation has not been proposed.

IPPT20240820, UPC CFI, RD Nordic-Baltic, Edwards v Meril - I