LD Milan, November 4, 2024, Decision, UPC_CFI_241/2023

Key takeaways

No stay of proceedings due to parallel counterclaim for revocation

There is no basis for a stay (R. 295(m) RoP) of an infringement action, where the defendant has acknowledged the validity of the patent and infringement without exception, for the purpose of awaiting the Court's decision on the counterclaim for revocation introduced in a parallel suit involving the same patent brought against a different defendant.

Promotional activities at a trade fair can constitute patent infringement

The Court held that the Defendant's promotion of the allegedly infringing machine at a trade fair, even without actual sales, constituted infringement under Article 64(2a) UPCA.