2024-12-12 - CD Paris - Suinno v. Microsoft - UPC_CFI_164/2024

1. The Court’s capacity to grant leave to appeal is as an exception to the general principal according to which orders other than those referred to in Articles 49 (5), 59, 60, 61, 62 or 67 ‘UPCA’ and Rule 97 (5) ‘RoP’ may only be reviewed together with the appeal against the final decision. 2. In exercising its discretionary power on the request to grant leave to appeal, the Court must consider whether the order involves legal issues which are the subject of different interpretations by the Unified Patent Court judges and whether an appeal on the order would serve a concrete interest of the parties.

The Paris Central Division rejected the application for leave to appeal, stating that it is an exception to the rule that most orders are only to be appealed together with the appeal against a final decision.