Austria: 34 R 73/15b, Higher Regional Court of Vienna, Cartel Court, 34 R 73/15b, 20 May 2016
Kluwer Patent Blog
July 28, 2016
Please refer to this post as:, ‘Austria: 34 R 73/15b, Higher Regional Court of Vienna, Cartel Court, 34 R 73/15b, 20 May 2016’, Kluwer Patent Blog, July 28 2016, http://patentblog.kluweriplaw.com/2016/07/28/austria-34-r-7315b-higher-regional-court-of-vienna-cartel-court-34-r-7315b-20-may-2016/
Contrary to established case law and practice, the Higher Regional Court of Vienna stayed preliminary injunction proceedings in a patent infringement matter and conducted an oral hearing. The proceedings were stayed until the EPO’s Technical Board of Appeal’s decision, confirming the validity of the patent in suit, was available in writing; the oral hearing was subsequently conducted to discuss this decision.