ELECTRICAL ENGINEERING, INSTRUMENTS, OTHER FIELDS — European UPC Patent Cases
4 decisions indexed
Page 1 of 1 · 4 total
NJOY Netherlands B.V. v.Juul Labs International, Inc.
This UPC Court of Appeal decision addressed an application to withdraw an appeal in a patent revocation case involving vaping technology. The court permitted Juul Labs to withdraw its appeal after NJOY consented, closing the appellate proceedings. Despite allowing the withdrawal, the court applied standard cost rules, ruling that Juul Labs, as the appellant who withdrew, was ultimately unsuccessful and must cover NJOY's legal costs for the appeal.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In this appeal action for revocation, the UPC Court of Appeal granted a stay of proceedings upon request by Juul Labs International, Inc., pending the outcome of parallel opposition proceedings at the EPO Boards of Appeal. The court determined that since the EPO proceedings were accelerated and expected to conclude rapidly relative to the UPC's hearing schedule, staying the appeal was appropriate under R. 295(a) RoP. This decision highlights the practical mechanism for managing concurrent litigation between the Unified Patent Court and the European Patent Office.
Nicoventures Trading Limited v.Juul Labs International Inc.
This UPC Court of Appeal decision addressed a request for access to written pleadings and evidence in parallel proceedings concerning patent validity. The court granted immediate access to specific documents requested by Nicoventures, recognizing its direct interest as an opponent in the EPO. However, this access was strictly conditioned: Nicoventures could not file or distribute these materials with other courts, like the EPO Boards of Appeal, until the UPC appeal concluded. This ruling highlights the Court's power to balance transparency with procedural integrity.
Nicoventures Trading Limited v.NJOY Netherlands B.V and Juul Labs International Inc.
This order addressed a request for public access to documents under Rule 262.1(b) RoP, stemming from parallel EPO opposition proceedings concerning EP 3430921. The Applicant argued that parties in EPO oppositions needed full visibility into UPC revocation actions to protect their interests and uphold natural justice. While the court granted access to existing materials in the CMS, it firmly rejected requests for future documents or non-decision/order court-generated materials, citing a lack of legal basis and practical concerns.
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