UPC Board of Appeal: Acceleration of Appeal Proceedings

After an infringement action was brought, the defendants filed a counterclaim for revocation with the Local Division Munich. Two sister companies of the defendants also brought a revocation action before the Central Division Paris concerning the patent in suit. The revocation counterclaim was then assigned to the Central Division Paris, which maintained the patent in suit in amended form at first instance. The revocation claimant appealed that decision and requested expedited processing. Otherwise, there could be a scenario in which the Local Division Munich might grant an injunction based on a patent that, although upheld at first instance, could then be revoked by the Court of Appeal. This possibility is not sufficient to justify expediting the appeal proceedings. The Local Division Munich has various means to mitigate the risk of issuing an injunction or the damage caused by such an injunction in circumstances where the validity of the patent is the subject of appeal. For instance, the Local Division Munich may stay the infringement proceedings pending the appeal or issue its decision under the resolutive condition that the patent is not ultimately revoked in the revocation proceedings (Rule 118.2 of the Rules of Procedure) (Unified Patent Court, 17 September 2024, Court of Appeal 464/2024, Court of Appeal 457/2024, Court of Appeal 458/2024).