Extractor: pypdf | Pages: 9
1 ORDER of the Court of Appeal of the Unified Patent Court issued on 21 November 2024 concerning a request for a stay of proceedings HEADNOTE 1. Pursuant to R. 222.2 RoP, the Court of Appeal may disregard “requests, facts and evidence” which were not submitted by a party during the proceedings before the Court of First Instance. This wording makes it clear that the rule does not apply to legal arguments. R. 222.2 RoP therefore does not prevent a party from submitting a new legal argument on appeal, provided that the argument is based on the facts and evidence submitted to the Court of First Instance. 2. Art. 33(10) UPCA provides that the Court may stay its proceedings if a rapid decision may be expected from the EPO. This provision has been implemented in both R. 295(g) RoP, which refers t ...