FRANCE Law and Practice Contributed by: Céline Bey and Alexis Augustin, Gowling WLG
especially if they do not justify any steps taken to reach an amicable resolution of the dispute. Before the UPC, the parties may settle the case at any time in the course of proceedings (Article 79, UPCA). The settlement agreement shall be confirmed by a decision of the Court. Mediation Proceedings initiated before French courts can be continued without having to stay the case pending other national courts proceedings. However, the French courts can take into con- sideration the decisions of other courts, both as regards the validity of the patent and infringe- ment. and arbitration are also available. 5.4 Other Court Proceedings In addition, an infringement action based on a French patent can be stayed when the patentee has also applied for a European patent over the same invention. Such a stay is only revoked after the grant, rejection or withdrawal of the Euro- pean patent. Likewise, if French judges are asked to rule on the infringement of the French part of a Euro- pean patent, while an opposition before the EPO is pending, the judges might stay the infringe- ment action until the outcome of the European opposition proceeding. When determining whether to stay the proceed- ings in other circumstances, judges focus on ensuring a proper administration of justice, and take into account: • the seriousness of the invalidity grounds invoked; • the impact of the stay on the duration of the proceedings; and
• the extent of any harmful consequences for the patentee. Lastly, it should be noted that anti-suit injunc- tions are not allowed in France and that French courts may order the withdrawal of application for an anti-suit injunction filed in foreign courts, seeking to prohibit a company from bringing pat- ent proceedings in France. With regard to the UPC, a stay may be ordered where the patent at stake is also subject to pro- ceedings before the EPO, a national authority or the central division (as part of a revocation action), provided that a decision in such pro- ceedings may be expected to be given rapidly. The UPC can also stay the proceedings where a decision by the CJEU is necessary, as well as under exceptional circumstances (eg death or insolvency of a party or an objection to a judge taking part in proceedings). However, the UPC tends to dismiss applications for a stay of proceedings, considering that most of the time a decision will not be rapidly made. For example, in a decision of 25 April 2024 in Toyota v Neo Wireless, the Paris central division dismissed an application for a stay until the EPO would rule on the same patent in an opposition proceeding because it was not proved that the EPO would reach its decision in less than three months.
6. Remedies 6.1 Remedies for the Patentee
Should the patentee succeed in their infringe- ment action, available remedies would include permanent injunctions, damages, recall and destruction, and publication.
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