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Kinexon Sports & Media v Ballinno (CFI, 21 August 2024)

Date21 August 2024
CourtCFI
DivisionParis (FR) Central Division - Seat
Type of actionGeneric application
Registry referenceApp_43845/2024 · ORD_43896/2024
PartiesBallinno B.V.

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 21 August 2024 (UPC_CFI_230/2024, ACT_27358/2024, ORD_43896/2024), the judge-rapporteur of the Paris Central Division (M. Haedicke) dismissed the request of Ballinno, proprietor of EP 1 944 067 and defendant to the revocation action brought by Kinexon Sports & Media, to stay the proceedings until the Court of Appeal rules on the refusal of provisional measures by the Hamburg Local Division on 3 June 2024. Such an appeal does not, as a rule, justify staying the revocation action.

Question

Does an appeal against the refusal of provisional measures justify staying the revocation action on the same patent under Rule 295(m) RoP?

Decision

No. Rule 295(m) RoP must be read in light of the right to an effective remedy and to a hearing within a reasonable time (Art. 6 ECHR, Art. 47 of the Charter) and of Arts. 41(3), 42 and 52(1) UPCA (paragraphs 2 and 3). Proceedings should normally allow the final oral hearing at first instance within one year, so the division will not, as a general principle, stay them (paragraph 4). An appeal against the refusal of provisional measures does not generally justify a stay: otherwise a party could control the timetable by appealing, for an unpredictable period, at the expense of Kinexon’s interest in a timely decision on its freedom to operate (paragraph 5). The request for the costs of the application fails accordingly, leaving open whether Art. 69 UPCA covers such costs (paragraph 6).

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Arts. 33(10), 41, 42, 52(1) and 69
Rules of Procedure
Rules 295 and 333, and preamble
European Convention on Human Rights
Art. 6
Charter of Fundamental Rights of the European Union
Art. 47
Case law cited
Carrier v BITZER Electronics, Court of Appeal, 28 May 2024 (UPC_CoA_22/2024), Court of Appeal, UPC_CoA_227/2024

Related decisions

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.


Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Generic application
Outcome (Dhenne Avocats summary)
La demande de sursis à statuer sur l'action en nullité dans l'attente de l'appel en matière de mesures provisoires est rejetée, de même que la demande de frais de l'incident.
Appeal
No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance
First-instance decision, whether it has become final is not recorded.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 1 944 067 B1
Method and system for detecting an offside situation
recorded proprietor: INVIT BV (changement de titulaire en 2024 vers BALLINNO B.V. selon les événements juridiques affichés)
Mentioned in the analysis (role not qualified)
Also mentioned in 12 other decision(s): Kinexon Sports & Media v Ballinno (CFI, 21 May 2025) · Kinexon Sports & Media v Ballinno (CFI, 21 August 2025) · Ballinno v Kinexon Sports & Media (CoA, 15 August 2025) · Kinexon Sports & Media v Ballinno (CFI, 16 July 2025) · Ballinno v Kinexon (CoA, 26 June 2025) · Ballinno v Kinexon Sports & Media (CoA, 12 May 2025) · Kinexon Sports & Media v Ballinno (CFI, 14 October 2024) · Ballinno v UEFA (CFI, 17 September 2024)
not recordednot recordednot recordedEspacenet · European Patent Register
existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically)
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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