UPC Court of Appeal remits Meril’s request to stay infringement proceedings pending the outcome of EPO opposition
EU Law analysis: The Unified Patent Court’s (UPC) First Panel of the Court of Appeal (CoA) sitting with only three Legally Qualified Judges, has remitted Meril’s application to the Nordic-Baltic Regional Division (RD) to stay infringement proceedings brought by Edwards pending the outcome of Meril’s European Patent Office (EPO) opposition against EP No. 3,769,722. This was on the basis that the Nordic-Baltic RD had erred in refusing the application solely on the basis that a rapid final decision could not be expected from the EPO. The CoA also confirmed that the UPC Rules of Procedure only allowed the Court to disregard requests, facts and evidence that were not submitted at first instance. However, new arguments could be submitted at appeal if they were based on existing facts and evidence. Hsu Min Chung, partner and patent attorney, and Rachel Fetches, partner and Head of Law, at HGF analyse the judgment.