bioMérieux UK Limited et al. v. Labrador Diagnostics LLC, Order UPC Court of Appeal, 17 February 2026, Case nos. UPC-CoA-937/2025 and UPC-CoA-938/2025
Time extension
HEADNOTES
1. Given the strict deadline regime set out in the Rules of Procedure, which serves to ensure that proceedings are conducted as expeditiously as possible, the option of extending time periods under R. 9.3(a) RoP should be used with restraint and exclusively in exceptional circumstances.
2. An extension of the deadline for filing the Statement of grounds of appeal in the revocation appeal proceedings (by Appellants in the revocation appeal) to the same (later) date for filing the Statement of grounds of appeal in the infringement appeal proceedings (by Respondent in the revocation appeal) is not justified, where other, more efficient means can be used to align the revocation and infringement proceedings, such as hearing the appeals together pursuant to R. 220.5 RoP.
Stay of proceedings
The mere fact that the revocation proceedings before the UPC relate to a patent which is also the subject of opposition proceedings before the EPO is not sufficient to allow an exception to the principle that the Court will not stay proceedings.
The term “may” in Article 33(10) UPCA and Rule 295(a) RoP means that the Court has a discretionary power to stay the proceedings when a rapid decision may be expected from the EPO. Whether or not a stay is granted depends on the balance of interests of the parties and the specific circumstances of the case.
Both requests were refused.
A copy of the Order can be read here.
