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Dainese v Alpinestars (CoA, 16 October 2026)

Date16 October 2026
CourtCoA
DivisionLuxembourg (LU)
Type of actionAppeal
Case number(s)UPC_CoA_97/2026
Registry referenceUPC-COA-0000097/2026
PartiesDainese S.p.A. v. Motocard Bike S.L., Alpinestars S.p.A., Alpinestars Research S.p.A.
LanguageEnglish

Official decision (PDF) · UPC registry entry

Case timeline

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 · 22 October 2026

Our analysis

Summary

By an order of 16 October 2026 (UPC_CoA_97/2026), the judge-rapporteur of the Court of Appeal dismissed the application by Alpinestars S.p.A., Alpinestars Research S.p.A. and Motocard Bike S.L. to stay the appeal brought by Dainese S.p.A. against the decision of the Milan Local Division of 21 April 2026 (EP 4 072 364) until the written decision of the EPO Board of Appeal, holding the application inadmissible for want of the representatives’ signature and, in any event, unfounded.

Question

Is an application for a stay admissible when it does not bear the representatives’ signature, and should the Court of Appeal await the written decision of the EPO Board of Appeal where the Board has already ruled orally on the maintenance of the patent?

Decision

The application did not bear the signature of the Respondents’ authorised UPC representatives. It therefore failed to meet Rule 4.1 RoP, which does not, however, require a qualified or advanced electronic signature, and was inadmissible (paras 14 to 17). It would in any case have been unfounded. As a general principle the Court does not stay proceedings (para 18), and the word « may » in Article 33(10) UPCA and Rule 295(a) RoP confers a discretionary power (para 21). A rapid decision of the EPO could indeed be expected, since the Board of Appeal decided orally at the hearing of 15 October 2026 to maintain the patent in amended form on the basis of auxiliary request 2 (paras 23 and 24). That auxiliary request, however, had already been in issue before the Court of First Instance (para 25), and the Respondents still had 40 days before their Statement of response fell due on 24 November 2026 to take the outcome of the EPO appeal into account (para 26). A stay offering no decisive procedural advantage, the application was dismissed (para 27).

Key points for practice

Provisions applied

UPC Agreement
Article 33(10) UPCA
Rules of Procedure
Rules 4.1 and 295(a) RoP
Case law cited
SharkNinja v SEB, Court of Appeal, 22 May 2026 (UPC_CoA_61/2026), ESKO-SOFTWARE v IN(K)CONTROL, Court of Appeal, 8 October 2026 (UPC_CoA_73/2026), Carrier v BITZER, Court of Appeal, 28 May 2024 (UPC_CoA_22/2024), Juul v NJOY, Court of Appeal, 30 April 2025 (UPC_CoA_5/2025)

Related decisions

Prepared by Dhenne Avocats from the official decision, consulted on 22 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.


Going further

Lexicon: Stay of proceedings, UPC Court of Appeal, EPO Boards of Appeal, Written procedure (UPC).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
English from the language of proceedings
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

  • UPC_CoA_97/2026 official number

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Parties

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

Decisions in the same proceedings and documented appeals

  1. 10 September 2026 Dainese v Alpinestars (CoA, 10 September 2026) Appeal · UPC_CoA_97/2026

    L'appel n'est pas irrecevable lorsque les taxes sont payées après le délai d'appel mais dans le délai de quatorze jours ouvert par le greffe. Les demandes de provision sur frais sont rejetées.

  2. 16 October 2026 Dainese v Alpinestars (CoA, 16 October 2026) Appeal · UPC_CoA_97/2026

What the record states

Nature of the act
Appeal
Outcome (Dhenne Avocats summary)
La juge rapporteure de la cour d'appel déclare irrecevable, faute de signature des représentants, et en tout état de cause mal fondée la demande de sursis à statuer formée dans l'attente de la décision écrite de la chambre de recours de l'OEB.
Appeal
Decision of the Court of Appeal.
Instance
Court of Appeal decision.

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 4 072 364
Protective device and method for making said protective device
recorded proprietor: Dainese SpA
Mentioned in the analysis (role not qualified)
Also mentioned in 9 other decision(s): Dainese v Alpinestars (CFI, 2 June 2025) · Dainese v Alpinestars (CFI, 7 April 2025) · Dainese v Alpinestars (CoA, 10 September 2026) · Dainese v Alpinestars (CFI, 21 April 2026) · ALPINESTARS RESEARCH v Dainese (CFI, 15 April 2025) · Alpinestars v Dainese (CFI, 8 April 2025) · Dainese v Alpinestars (CFI, 7 February 2025) · Dainese v Alpinestars (CFI, 24 January 2025)
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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