UPC CFI CD Paris, 21 August 2024: Unjustified to stay revocation because of appeal in infringement proceedings

Generally unjustified to stay revocation proceedings because of appeal against the denial of provisional measures (Rule 295(m) RoP). 

If the lodging of an appeal would suffice for a stay of proceedings, a party lodging an appeal against a decision rejecting provisional measures would have it in its hands to influence and alter the tight timeframe as provided for by the UPCA. Such a stay for an unpredictable time would be at odds with the aforementioned guideline of an oral hearing within one year and clashes with the Respondent’s legitimate interest in obtaining a decision by the UPC to determine its freedom to operate as soon as possible. 

IPPT20240821, UPC CFI, CD Paris, Kinexon v Ballinno