Main Details: Case number UPC_CFI_80/2023 Date 20 November, 2023 Parties ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. HELIOS K.K, OSAKA UNIVERSITY Order/Decision reference ORD_579547/2023 Type of action(s) Revocation Action Language of Proceedings English Court - Division Court of First Instance - Munich (DE) Central Division - Section Headnotes: The Court has discretion to stay proceedings awaiting any relevant decision from the EPO, provided such decision is expected rapidly. There should be a concrete expectation (i.e. a known date in time) for a decision which date should be in the near future such that it is clearly expected to be delivered before an expected decision by the UPC. In exercising Court’s discretionary power on the basis of Article 33(10) UPCA in connection with Rule 295 sub a RoP, the Court has to assess the relevant facts and circumstances and has to take into account the interests of both parties. Where the interests of the parties do not align, the Court has to weigh up the interests upon deciding a request to stay proceedings. Keywords: Article 33(10) UPCA. Rule 295 sub a RoP. Stay of proceedings (no). Parallel EPO proceedings. Rapid decision. Discretion. Back to Decisions and Orders
Main Details: Case number UPC_CFI_80/2023 Date 20 November, 2023 Parties ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. HELIOS K.K, OSAKA UNIVERSITY Order/Decision reference ORD_579547/2023 Type of action(s) Revocation Action Language of Proceedings English Court - Division Court of First Instance - Munich (DE) Central Division - Section Headnotes: The Court has discretion to stay proceedings awaiting any relevant decision from the EPO, provided such decision is expected rapidly. There should be a concrete expectation (i.e. a known date in time) for a decision which date should be in the near future such that it is clearly expected to be delivered before an expected decision by the UPC. In exercising Court’s discretionary power on the basis of Article 33(10) UPCA in connection with Rule 295 sub a RoP, the Court has to assess the relevant facts and circumstances and has to take into account the interests of both parties. Where the interests of the parties do not align, the Court has to weigh up the interests upon deciding a request to stay proceedings. Keywords: Article 33(10) UPCA. Rule 295 sub a RoP. Stay of proceedings (no). Parallel EPO proceedings. Rapid decision. Discretion. Back to Decisions and Orders