Stays of national proceedings pending parallel EPO oppositions, by Adam Cooke, DLA Piper
"The Court of Appeal has today given further guidance as to the circumstances in which it will grant a stay of patent infringement and revocation proceedings pending the outcome of co-pending opposition proceedings before the European Patent Office.
"In today's judgment in IPCom v HTC, the Court of Appeal has refined the guidelines set out in its decision of 2007 in Glaxo v Genentech. In doing so, the court considered the comments of the Supreme Court in its recent judgment in Virgin Atlantic Airways v Zodiac Seats. DLA Piper acted for Virgin in that case and the present writer acted for Genentech in the earlier Court of Appeal case. In short, the Court of Appeal has re-cast the Glaxo guidelines emphasising that delay should not be seen as the only or even the principal reason for granting a stay. Instead the court favours a more nuanced approach, pointing out that a delay which causes neither side any real prejudice will normally result in a stay.