top of page
2025-05-22 ACT_51553_2024
Source:
-
-
Rule 102 – Referral to the panel, Rule 295 – Stay of proceedings, Rule 296 – Duration and effects of a stay of proceedings, Rule 333 – Review of case management orders
-
The following text is not a complete transcript of the decision/order:
Action n°: UPC 526/2024
ACT_51533/2024
Revocation action
Order
of the Court of First Instance of the Unified Patent Court
Central Division (Section Munich)
issued on 22 May 2025
CLAIMANT
Kunststoff KG Nehl & Co., Stresemannstraße 30-34 - 32257 - Bünde - DE.
represented by: Hannes Jacobsen, CBH Rechtsanwälte, Ismaningerstr. 65a - 81675 – München - DE.
DEFENDANT
Häfele SE & Co. KG, Adolf-Häfele-Straße 1 - 72202 - Nagold - DE.
represented by: Ulrich Blumenröder, Grünecker Patent- und Rechtsanwälte PartG mbB,
Leopoldstr. 4 - 80802 - München - DE.
PATENT AT ISSUE
European patent EP 3 767 151.
PANEL/DIVISION
Panel 1 of the Central Division (Section Munich).
DECIDING JUDGE
This order is an order of the Judge-rapporteur András Kupecz.
LANGUAGE OF PROCEEDINGS:
English.
SUBJECT-MATTER OF THE PROCEEDINGS
Revocation action. Stay of proceedings. Rule 295(d) RoP.
FACTS, SUBMISSIONS AND REQUESTS
As already communicated to the Court in email correspondence, the parties are in settlement
negotiations. The parties want to concentrate on finalising the settlement. For that it would be
helpful if the oral hearing were not to be prepared in parallel. For these reasons the Claimant, in
agreement with the Defendant, requests:
to stay proceedings.
GROUNDS
The Court – based on Rule 295(d) of the Rules of Procedure of the Unified Patent Court (´RoP´) –
agrees to stay the proceedings awaiting the outcome of the settlement negotiations at the joint
request of the parties. The oral hearing, which was originally scheduled for 4 June 2025, is
cancelled and can be rescheduled to a later date, if this would become necessary.
This order formalises the stay in the CMS, which was already granted by email of the judge-
rapporteur of 21 May 2025, and which took immediate effect on said date.
Any party may request the Court to resume the proceedings in case this should become necessary.
ORDER
- The revocation action (ACT_51533/2024) is stayed as of 21 May 2025.
- The hearing scheduled for 4 June 2025 is cancelled.
22 May 2025
ORDER DETAILS
Order no. ORD_24550/2025 in ACTION NUMBER: ACT_51553/2024
UPC number: UPC_CFI_526/2024
Action type: Revocation Action
Related proceeding no. Application No.: 24259/2025
INFORMATION ABOUT PANEL REVIEW
Any party may request that this Order be referred to the panel for a review pursuant to R. 333
RoP. Pending review, the Order shall be effective (R. 102.2 RoP).
INFORMATION ABOUT PROCEDURAL PERIODS
In accordance with Rule 296.3 RoP while proceedings are stayed, time shall cease to run for the
purposes of procedural periods. Time shall begin to run afresh for the purposes of procedural
periods from the date on which the stay of proceedings comes to an end.
bottom of page