UPC CFI, LD Munich, 2 April 2026: Request to stay infringement proceedings denied, following opposition division’s decision.

Request to stay infringement proceedings denied, following the Opposition Division’s decision on invalidity of patent. (Rule 295 (a) RoP). 

Court concurs with the Opposition Division that the patent as granted is invalid on the grounds of added matter, but is valid in the version of auxiliary request 10b. 

A stay of proceedings under Rule 295(a) of the Rules of Procedure is generally not warranted if the date set for the oral proceedings before the UPC precedes the oral proceedings before the Opposition Division. 

Nor is a stay of proceedings necessarily warranted merely because the Opposition Division revoked the patent between the oral proceedings before the UPC and the date set by the UPC for the announcement of the decision.

IPPT20260402, UPC CFI, LD Munich, Biolitec v Lightguide