UPC CFI, LD Munich / Milan: proceedings stayed at party request for settlement or awaiting EPO decision
23-08-2025 Print this page
IPPT20250616, UPC CFI, LD Munich, Esko v XSYS
Proceedings stayed at party request to allow fruitful settlement negotiations which are pending between the parties without the pressure of ongoing proceedings before the UPC (R. 295.d RoP)
IPPT20250602, UPC CFI, LD Milan, Dainese v Alpinestars
Proceedings concerning EP 117 stayed until either party notifies the Court of the final decision issued by the Opposition Division of the EPO (Article 43 UPCA, R. 295.d RoP).
According to the doctrine, where all parties request the stay of proceedings, the Court must order the stay. despite the use of the word ‘may’ at the beginning of the Rule, it has no discretion.
A stay of the counterclaim proceedings and of the applications to amend the patent EP '117 is a more efficient management of the proceedings and avoid unnecessary activities by the parties and the Court.