GEIST:UPC Searchengine

ORD_61000/2024

MERIL LIFE SCIENCES PVT LIMITED, INTERLUX, UAB, SORMEDICA, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, VAB-LOGISTIK, UAB v. EDWARDS LIFESCIENCES CORPORATION

Date
2024-11-21
Division
Luxembourg (LU)
Type of action
Appeal RoP220.2
Language
EN

Metadata

Case IDORD_61000-2024-95ba30422850
Case number
Registry numberORD_61000/2024
Order referenceORD_61000/2024
Keywords
Headnotes

Documents and full text

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 ...