LD Munich, January 13, 2025, Revised Order On Auxiliary Requests, UPC_CFI_298/2023

1 Key takeaways

The number of 55 auxiliary requests can be reasonable

Upon panel review the court views the number of 55 auxiliary requests as exceptionally high but not unreasonable. Considering the extreme complexity of the case (in particular in view of the number of grounds of invalidity raised), the importance of the patent at issue and the interrelationship with other proceedings, both judicial and administrative, the number of auxiliary request is not unreasonable in this case.

It would be absurd to stay proceedings before the UPC with regard to parallel EPO opposition proceedings if an auxiliary request which is the subject of discussion before the EPO could no longer be introduced into the UPC-proceedings.