Juul v NJOY (UPC_CoA_5/2025)
Decision date:
30 April 2025
Osborne Clarke summary
- As was the case in separate proceedings between the same parties, NJOY brought a revocation action against a Juul Labs' patent in the Paris CD. The patent was revoked and Juul Labs appealed, but sought to stay the appeal proceedings due to parallel opposition appeal proceedings before the EPO Boards of Appeal. The parallel EPO proceedings had been accelerated. NJOY agreed to the stay.
- The Court of Appeal applied the same reasoning as it did in its previous decision.. As the Board of Appeal had accelerated the appeal proceedings and as its decision was expected rapidly (before or soon after the possible date for an oral hearing at the Court of Appeal), the stay application was granted.
Issue
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