Centripetal v Keysight (UPC_CFI_414/2024)
Decision date:
05 September 2025
Osborne Clarke summary
- The defendants (Keysight) requested a stay of the infringement proceedings brought by Centripetal following the EPO Opposition Division's preliminary opinion suggesting that Centripetal's patent would be found invalid for added matter at the opposition hearing on 27 November 2025.
- The Mannheim LD refused the request.
- The UPC case was "ripe for a full-fledged hearing on 9/10 October 2025 including the validity of the patent". The outcome of the opposition hearing was unclear, and its reasoned decision might only be available a considerable period after the hearing.
- The court noted that it was preferable for the UPC to continue the case as it is also in the interest of justice to avoid conflicting decisions. The UPC's judgment would be available within 6 weeks of the hearing and therefore in time to "have bearing on the case before the EPO". It was also preferable "to decide on both aspects, infringement and validity as planned".
- A related decision is available here.
Issue
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