UPC CoA, 15 August 2025: Generally, application for suspensive effect of an appeal requires that the grounds of the decision are available

Application for suspensive effect unsuccessful because the reasons for the decision are not yet available (R. 223 RoP). 

If, as in this case, the grounds for the decision are not yet available, an obvious error in the contested decision can only be assumed if it is possible to identify an obvious error without knowledge of the grounds for the decision. This is the case, for example, if the operative part of the decision pronounces a legal consequence that does not result from either the Agreement on a Unified Patent Court or the Rules of Procedure. 

15-days deadline for filing the grounds of an appeal only begins to run upon delivery of a reasoned decision (R. 224. 2(b) RoP),

IPPT20250815, UPC CoA, RiVOLUTION v Cilag