UPC CFI, LD Dusseldorf, 6 August 2025: Stay of actions regarding EP 857 pending outcome appeal of EP 712 judgment
12-11-2025 Print this page
Stay of infringement action and counterclaim for revocation regarding EP 857 (R. 295(m) RoP) pending the outcome of the appeal against the first instance decision of the Local Division Düsseldorf in the infringement proceedings regarding patent EP 3 536 712 (“EP712”).
The question of infringement of EP 857 involves the same factual and legal questions as the case UPC_CFI_505/2024 in relation to EP 712. Under these circumstances, the Court finds that the stay of the proceedings is in accordance with the requirements of proper administration of justice. […].
If the appeal is successful, it is reasonable and fair that the Claimants have a chance to present new legal arguments and that the Defendants still have the stage of first instance to demonstrate why this case should be approached differently [...]. In the view of efficiency the stay also effects the counterclaim for revocation.
