AWM v Progress Maschinen & Automation (CFI, 10 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 10 February 2026 (UPC_CFI_1738/2025), the judge-rapporteur of the Milan Local Division stayed the cost application brought by AWM s.r.l. and Schnell s.p.a. against Progress Maschinen & Automation AG until the Court of Appeal rules on the appeal against the decision revoking EP 2 726 230. He held that the automatic suspensive effect of Art. 74(2) UPCA covers the whole decision, including the costs order, and expressly departed from a contrary order of the Central Division.

Question

Does an appeal against a decision revoking a patent also suspend the costs order, and should cost proceedings brought in the meantime be dismissed or stayed?

Decision

Art. 74(2), under which an appeal against a decision on an action or counterclaim for revocation always has suspensive effect, is not confined to the validity part of the decision: reading it that narrowly would impose an arbitrary limitation not found in the text. It is not out of time, however: since the one-month period under Rule 150 is shorter than the two-month appeal period, parallel proceedings are normal. The two are coordinated by a stay under Rule 295(c) and (m), on grounds of flexibility, fairness and proportionality, until the Court of Appeal decides (UPC_CoA_921/2025) or the dispute otherwise ends. The judge-rapporteur departed from the Paris Central Division order of 29 April 2025, which had not considered Art. 74(2).

Key points for practice

• Practical point: after a revocation decision is appealed, the successful party must still file its cost application within the one-month period of Rule 150, but should expect a stay until the appeal is decided.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(2)

Rules of Procedure

Rules 150 and 295(c) and (m)

Case law cited

Roche Diabetes Care v Tandem Diabetes Care Europe, Paris Central Division, 29 April 2025, OrthoApnea, Brussels Local Division, 2 May 2025

Related decisions

• Progress Maschinen & Automation v AWM, 27 October 2025, decision on the merits revoking the patent, under appeal.

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.