Request to stay proceedings pending EPO opposition rejected.
As a general principle, the Court will not stay proceedings, otherwise, the Court cannot ensure that the final oral hearing will take place within a reasonable time. (R. 295 RoP).
An exception to the principle that the Court will not stay revocation proceedings pending opposition proceedings applies when a rapid decision may be expected from the EPO. (Art. 33(10) UPCA, R. 295(a) RoP).
The Court has a discretionary power to stay the proceedings when a rapid decision may be expected from the EPO. Whether or not a stay is granted depends on the balance of interests of the parties and the specific circumstances of the case.
The fact that the expected EPO decision is not a final decision and is likely to be appealed is one of several factors that may be taken into account
