1. Key takeaways
Request under Rule 262.1(b) can be stayed if Court considers the outcome of appeal proceedings in a different case highly likely to be of relevance for the decision
Upon request under Rule 262.1(b) RoP of the Applicant to make available all written pleadings and evidence the Court decided to wait for the outcome of appeal proceedings (App_584498/2023) before proceedings with the application since it is considered highly likely that the the outcome of the appeal proceedings will be determinative of the success or otherwise of the Applicant's request in the present case.
Applicant was requested to provide the decision in the appeal proceedings within 3 weeks from the publication of the Court of Appeal decision on the court's website or within 3 weeks from the Cour of Appeal decision becoming available through other means to the Applicant, whichever comes sooner. A request to inform the Court of Appeal directly of the oder staying the present proceedings was rejected as there is no legal basis for this request and as the court has no access to the Court of Appeal (CMS) file.
2. Division
Central Division (Section Munich)
3. UPC number
UPC_CFI_75/2023
4. Type of proceedings
Revocation Action
5. Parties
- Applicant: Mathys & Squire LLP (London, GB)
- Relevant main proceeding parties:
- Astellas Institute for Regnerative Medicine (Westborough, US) [Claimant]
- Healios K.K (Tokyo, JP) [Defendant]
- Riken (Saitama, JP) [Defendant]
- Osaka University (Osaka, JP) [Defendant]
6. Patent(s)
EP 3056563 B1
7. Body of legislation / Rules
Rule 262.1(b) RoP
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