Central Division (Section Munich), 22 June 2026, Order, UPC_CFI_830/2024

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EPO Board of Appeal revoking a patent in full renders a parallel UPC revocation action devoid of purpose, triggering disposal under R. 360 RoP without a merits decision

Germany Intellectual Property

1. Key takeaways

EPO Board of Appeal Revocation Renders UPC Revocation Action Devoid of Purpose

EPO Board of Appeal revoking a patent in full renders a parallel UPC revocation action devoid of purpose, triggering disposal under R. 360 RoP without a merits decision

Stayed UPC proceedings must be resumed under R. 296.2 RoP once the triggering event — here a final EPO Board of Appeal decision — has occurred.

Where neither party retains a legal interest in adjudication, the action is disposed of under R. 360 and R. 363 RoP without examination of the merits.

The unsuccessful party (here: Patentee/Defendant) bears costs under Art. 69(1) UPCA even in proceedings disposed of without a merits decision (R. 150 RoP).

2. Division

Central Division (Section Munich)

3. UPC number

UPC 830/2024

4. Type of proceedings

Revocation action

5. Parties

Claimant: UPM-Kymmene Oy

Defendant: International N&H Denmark ApS

1. Patent(s)

EP 3 540 068

2. Jurisdictions

UPC

3. Body of legislation / Rules

Rule 150, 360 RoP, Art.69 UPCA.

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