UPC CFI, LD Milan, 15 January 2025: No stay but extension of deadlines because of EPO opposition proceedings

Instead of staying the proceedings, the deadline for the statement of defence and any counterclaims is extended to 27.2.2025 (R. 9 RoP, R. 295 RoP) because of oral hearing in the EPO appeals proceedings scheduled for 13 February 2025: 

allows for a more overall procedural efficiency, on one hand not staying this proceedings – in the power of the Court - and on the other hand waiting for the upcoming EPO’s decision. 

Possibility of further exchange of written pleadings (R. 36 RoP) 

On a reasoned request by the other parties, both the plaintiff and the other defendants, they may be granted a period within which to submit their observations on the EPO's decision, in accordance with the procedural faculty provided for in Rule 36 of the Rules of Procedure. It follows that the solution adopted does not violate the adversarial principle and complies with the equality of the parties in the right of defence;

IPPT20250115, UPC CFI, LD Milan, Dainese v Alpinestars