1. Key takeaways
Stay of proceedings following an appeal only in case of a “reasoned request”
If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a “reasoned request” by a party (R. 21.2 RoP).
A statement which lacks any reasons as to why the first instance proceedings should be stayed does not constitute a “reasoned request” pursuant to R. 21.2 RoP.
The arguments presented by the applicant at the interim conference cannot remedy the lack of reasoning in its written statement. The interim conference may be used to further clarify the reasoning for a request to stay the proceedings. However, also in view of the Defendant's rights to prepare its defence, it cannot be used to present the grounds for the request for the first time.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_227/2024
4. Type of proceedings
Appeal proceedings
5. Parties
Appellant and Defendant in the main proceedings before the Court of First Instance: Mala Technologies Ltd.
Respondent and Plaintiff in the main proceedings before the Court of First Instance: Nokia Technology GmbH
6. Patent(s)
EP 2 044 709
7. Body of legislation / Rules
Rule 21.2 RoP
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