UPC CFI LD Hamburg, 9 September 2024: no stay of infringement proceedings

Request to stay infringement proceedings dismissed (R. 295 RoP). 

There is currently no reason to suspend the infringement proceedings, even though the interim hearing on the revocation action will take place on 11 September 2024 and the oral hearing on 6 November 2024. The outcome of the proceeding is uncertain in terms of time - it is not possible to predict when the Central Division Paris will issue a written decision - and the substantive outcome. Regardless of this, the decision would not bind the Local Division. 

In addition to this, the parties to the action for revocation are not identical to those of the infringement action and the counterclaim of revocation, so that a uniform decision affecting all parties cannot be issued in this respect either. 

The Defendant’s interest to (potentially) save litigation costs does not weigh up to the legitimate interest of Claimant in pursuing the infringement action. 

IPPT20240909, UPC CFI, LD Hamburg, Roche Diabetes v Tandem Diabetes