Mala v Nokia (CoA, 21 June 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 21 June 2024 (UPC_CoA_227/2024), the judge-rapporteur of the Court of Appeal declared inadmissible Mala Technologies’ request to stay the revocation action brought by Nokia Technology before the Paris Central Division (EP 2 044 709, in force for Germany only) pending the appeal against the rejection of its preliminary objection on 2 May 2024. The request was not reasoned in writing, and the interim conference could not cure that defect. The judge added that a stay would not have been granted on the merits either, and set the appeal hearing for 24 July 2024, by videoconference.

Question

Can a request to stay first-instance proceedings pending an appeal against an order on a preliminary objection be reasoned for the first time at the interim conference?

Decision

Rule 21.2 RoP requires a reasoned request, and the statement of appeal did not set out why the proceedings should be stayed (paragraph 6). Arguments put forward at the interim conference cannot remedy that lack of reasoning: the conference may clarify reasons but not introduce them, given the other party’s right to prepare its defence (paragraph 7). As a rule, the main proceedings are not stayed pending the appeal (Rule 19.6 RoP and Article 74(1) UPCA). A stay is available only in exceptional circumstances. With the revocation action at the final stage of the written procedure and the cost of continuing relatively low, the interest in a timely decision on validity prevailed (paragraphs 8 and 9). Nor was a stay warranted on the ground of manifest error, since the impugned order was not manifestly erroneous (paragraph 10).

Key points for practice

• A request for a stay pending appeal must be reasoned in the written submission containing it. The interim conference cannot be used to supply the reasons (paragraphs 6 and 7).
• A stay is granted only exceptionally, having regard to the stage of the proceedings, the parties’ interests or a manifest error in the impugned order (paragraphs 9 and 10).

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rules 19.6, 21.2, 112.3 and 240

Case law cited

Court of Appeal, order of 19 June 2024 (UPC_CoA_301/2024)

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.