ARTICLE
4 June 2026

CoA, May 22, 2026, Order Concerning An Application Pursuant To R. 262A RoP, UPC_CoA_61/2026

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Bardehle Pagenberg

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BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The UPC Court of Appeal addresses a procedural application under Rule 262A of the Rules of Procedure in a patent dispute between SharkNinja Operating LLC and multiple Groupe SEB entities concerning European Patent EP 3 689 198.
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1. Key takeaways

Signing and lodging documents pursuant to R. 4.1 RoP

The procedural document itself must bear an electronic signature. It is not sufficient to simply “sign submission” in the CMS after the upload of a submission. This is necessary to guarantee the authenticity of a procedural document and to exclude the risk that it is not in fact the work of the person authorized for that purpose.

Time extension pursuant to R. 9.3 RoP

An extension order can be issued after the time period has expired. Furthermore, the Court may grant a time extension even if the applicant lodged the request for extension after the time period has expired.

Due to the lack of CoA case law on the question of whether the signature in CMS can be considered as a signature under R. 4.1 RoP, the party’s error (i.e., “signing” only in the CMS) is excusable and justifies the requested time extension.

2. Division

UPC Court of Appeal

3. UPC number

UPC_CoA_61/2026

4. Type of proceedings

Application pursuant to R. 262A RoP

5. Parties

SharkNinja Operating LLC

Groupe SEB France, S.A.S. SEB, SEB International Service (SIS), Groupe SEB WMF Consumer GmbH

6. Patent(s)

EP 3 689 198

7. Body of legislation / Rules

R. 262A RoP

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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