Austria: 34 R 73/15b, Higher Regional Court of Vienna, Cartel Court, 34 R 73/15b, 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.

A full summary of this case has been published on Kluwer IP Law.