Juul Labs v NJOY Netherlands (CoA, 30 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 30 April 2025 (UPC_CoA_5/2025), the Court of Appeal stayed Juul Labs’ appeal against the decision of the Paris Central Division of 5 November 2024, which had revoked its patent EP 3 498 115 at the suit of NJOY Netherlands, until the EPO Boards of Appeal decide the parallel opposition proceedings. The Board had accelerated its examination and set oral proceedings for 17 October 2025. The order shows that the Court of Appeal will stay where the EPO decision is due shortly after the date on which it would itself have ruled.

Question

Should the Court of Appeal stay an appeal against a revocation decision pending a decision of the EPO Board of Appeal whose hearing is set a few weeks after the expected date of its own hearing?

Decision

Yes. Art. 33(10) UPCA and Rule 295(a) allow a stay where a rapid decision may be expected from the EPO, a notion assessed in the light of the circumstances, including the stage reached in each set of proceedings (paragraphs 4 and 5, citing Carrier v Bitzer). Rule 298 also allows a stay pending accelerated EPO proceedings (paragraph 6). Without a stay, the appeal hearing would have taken place around 22 September 2025 (paragraph 7), the Board’s decision, to be announced at the end of the hearing on 17 October 2025, is therefore expected shortly afterwards (paragraphs 8 and 9). No infringement action is pending, no other factor weighs against a stay, and Juul Labs, the party with the main interest in a quick decision, applied for it with NJOY’s agreement (paragraph 9).

Key points for practice

• The parties’ agreement and the absence of pending infringement proceedings weigh in favour of a stay where the EPO will decide shortly. The parties must inform the Court forthwith of the outcome of the opposition proceedings.

Provisions applied

Agreement on a Unified Patent Court

Art. 33(10)

Rules of Procedure

Rules 239.2, 295(a) and 298

Case law cited

Carrier v Bitzer, Court of Appeal, 28 May 2024 (UPC_CoA_22/2024)

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.