Vivo Mobile Communication v Sun Patent Trust (CoA, 27 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 27 November 2025 (UPC_CoA_904/2025 and UPC_CoA_905/2025), the Court of Appeal rejected Vivo’s request to stay the proceedings brought by Sun Patent Trust before the Paris Local Division, or alternatively to extend the deadline for the statement of defence, pending its appeal against the dismissal of its preliminary objection. The order confirms that a stay under Rule 21.2 remains exceptional, even where the jurisdictional question raised is novel.

Question

Should the Court of Appeal stay the first instance proceedings, or extend the deadline for the defence, pending an appeal against a decision dismissing a preliminary objection?

Decision

The request was rejected. A stay requires exceptional circumstances, assessed by reference to the stage of both sets of proceedings and the parties’ interests (paragraph 12). That the jurisdictional question is new and debated in the literature is not enough (paragraph 13). With the deadline close, the defence is largely prepared, and Vivo’s interest in avoiding costs does not outweigh Sun Patent Trust’s interest in a decision without undue delay (paragraphs 14 and 15). Extensions of time are primarily a matter for the Court of First Instance, which is better placed to manage the case, and Vivo did not show that it had exceeded its discretion (paragraphs 16 and 17).

Key points for practice

• An appeal against a decision on a preliminary objection does not suspend the deadline for the statement of defence. A stay under Rule 21.2 requires exceptional circumstances (paragraphs 10 to 12).
• Practical point: a request to extend time should first be made to the first instance division, the Court of Appeal reviewing only whether it exceeded its case management discretion (paragraphs 16 and 17).

Provisions applied

Agreement on a Unified Patent Court

Art. 32(1) and Art. 73(2)(a)

Rules of Procedure

Rules 9.3, 19, 20.2, 21, 220.2 and 333

Case law cited

Mala v Nokia, Court of Appeal, 21 June 2024, Sun Patent Trust v Vivo Mobile Communication, Court of Appeal, 31 October 2025

Related decisions

• Vivo Mobile Communication v Sun Patent Trust, 16 March 2026, later Court of Appeal decision in the same appeals.

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.