UPC CFI, LD Munich, 13 January 2025: Not possible to asses reasonable number of auxiliary request ahead of EPO decision in opposition

04-02-2025 Print this page
Auteur:
Dick van Engelen
IPPT20250113, UPC CFI, LD Munich, 10x Genomics v Nanostring

Proceedings have been stayed as agreed by the parties until the date of the decision of the Opposition Division of the EPO (R. 295 RoP). 

 

Panel review of order of judge-rapporteur to limit the number of auxiliary requests to a one-digit number (R. 30 RoP, R. 333 RoP). 

If the outcome of the proceedings before the EPO is to be reflected and taken into account in the present proceedings and therefore the present proceedings were ordered to stay, it must be possible for Claimant 2) to adjust his auxiliary requests in the present proceedings according to the decision of the Opposition Division. 

It is not possible at this stage to assess what number of auxiliary requests will ultimately be considered reasonable. 

Claimant 2) is ordered to submit his auxiliary requests within 20 days after the decision of the Opposition Division of the EPO.

 

IPPT20250113, UPC CFI, LD Munich, 10x Genomics v Nanostring