UPC agrees to delay Interim Conference - by a few hours

On 25 November 2024, the Milan Local Division issued a routine pre-interim conference procedural order in dispute UPC_CFI_240/2023 between Oerlikon Textile and Himson Engineering, setting out a number of topics to discuss at the conference. Whilst the order was generally in line with similar orders issued by other divisions prior to interim conferences, it did include an additional notice that the interim conference would be delayed until 10:30 am on 6 December 2024, due to an Italian general strike organised for 29 November 2024.

In a further order issued 27 November 2024, the Milan Local Division acknowledged a statement submitted by Himson on the same day as the previous order, in which Himson declared they were unavailable at the time set for the interim conference due to previous professional commitments. As a result, in the further order, Judge Rapporteur Alima Zana postponed the interim conference to 2:30pm on the same day, to accommodate for Himson’s prior commitments. Given the EPO’s lack of flexibility in similar circumstances and the perception that UPC divisions have shown little tolerance of advocates’ lack of availability, this decision is welcome.  Not only does it show that the Court can exercise flexibility but also that judges do have the resolve to retain the scheduled date and merely move the time of a hearing to avoid a scheduling conflict.