Bhagat Textile Engineers v Oerlikon Textile (CoA, 16 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 16 January 2025 (UPC_CoA_12/2025), the judge-rapporteur of the Court of Appeal, Emmanuel Gougé, rejected the application for suspensive effect filed by Bhagat Textile Engineers with its appeal against the Milan Local Division’s decision of 4 November 2024, which had found infringement of Oerlikon Textile’s EP 2 145 848 and granted an injunction, penalty payments, interim damages and costs. The order restates the exceptional nature of suspensive effect, even when limited to monetary orders.

Question

Should the appeal have suspensive effect, for the whole decision or only its financial provisions, on the strength of parallel revocation proceedings brought by a third party?

Decision

Suspensive effect is granted only where the circumstances justify an exception, taking into account in particular the stage of the revocation and appeal proceedings and the parties’ interests. The applicant must establish those circumstances (paragraphs 10 and 11). The parallel proceedings involve a third party, the alleged considerable doubts about validity were not explained and nothing was said about their stage (paragraphs 12 and 13). Bhagat had not counterclaimed for revocation at first instance or intervened in the parallel proceedings (paragraph 14), and its interests did not outweigh Oerlikon’s (paragraph 15). Given the need for speed, the application was decided without hearing the respondent (paragraph 16).

Key points for practice

• A defendant that did not challenge validity at first instance will struggle to rely, at the suspensive effect stage, on revocation proceedings brought by a third party.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rules 220.1, 223.2 and 223.3

Case law cited

Sibio v Abbott, Court of Appeal, 19 August 2024, Mala v Nokia, Court of Appeal, 21 June 2024

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.