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ARTICLE · 27 MAY 2024

UPC Grants File Access To Opponent In Parallel EPO Opposition Proceedings

In the latest decision on third party access requests, the Paris Central Division ruled that a direct interest in opposition proceedings, being heard in parallel to a UPC revocation claim concerning the same patent...

United KingdomIntellectual Property

Order no. ORD_587436/2023

Action no. ACT_571808/2023

In the latest decision on third party access requests, the Paris Central Division ruled that a direct interest in opposition proceedings, being heard in parallel to a UPC revocation claim concerning the same patent, justifies access to evidence and pleadings filed on the Case Management System (CMS) in respect of the UPC proceedings.

BACKGROUND

The applicant, Nicoventures Trading Limited (the "Applicant"), is an opponent in EPO opposition proceedings concerning patent number EP 3420921 (the "Patent"), which is also the subject of an ongoing UPC revocation claim brought by NJOY Netherlands B.V. Note that NJOY Netherlands B.V. is not an opponent to the Patent before the EPO.

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