2026-02-17 - CoA - bioMerieux v. Labrador Diagnostics - UPC-COA-0000937/2025; UPC-COA-0000938/2025

ENGLISH: "1.Given the strict deadline regime set out in the Rules of Procedure, which serves to ensure that proceedings are conducted as expeditiously as possible, the option of extending time periods under R. 9.3(a) RoP should be used with restraint and exclusively in exceptional circumstances. 2.An extension of the deadline for filing the Statement of grounds of appeal in the revocation appeal proceedings (by Appellants in the revocation appeal) to the same (later) date for filing the Statement of grounds of appeal in the infringement appeal proceedings (by Respondent in the revocation appeal) is not justified, where other, more efficient means can be used to align the revocation and infringement proceedings, such as hearing the appeals together pursuant to R. 220.5 RoP."

The CoA refused both a stay of revocation appeal proceedings pending EPO opposition (R. 295(a) RoP) and a deadline extension for appeal grounds (R. 9.3(a) RoP). Despite expected rapid EPO decision, stay served no purpose since OD decision can be considered later. R. 9.3(a) extensions require exceptional circumstances; R. 220.5 joint hearing preferred for alignment.