The European Patent Office (EPO) announced on 7 November 2023 a new policy concerning accelerated processing of oppositions where an infringement or revocation action has been instituted before the Unified Patent Court or a national court or competent authority of a contracting state. This is a change to the current...
Staying Proceedings at the Unitary Patent Court
Under what conditions can the Unified Patent Court (UPC) stay a decision when opposition proceedings are pending in the European Patent Office (EPO)? That question faced the Central Division (Munich) of the European UPC in Astellas ./. Healios (Case No. UPC_CFI_80/2023). Under Article 33(10) UPCA and Rule 295 sub a...