= Rules of Procedure of the Unified Patent Court (RoP) =

== Rule 70 ==

=== Revocation actions and subsequent infringement actions in a local or regional division ([[UPCA_033|Article 33]](5) of the Agreement). ===

 1. Where a claimant has lodged a Statement for revocation (Rule [[UPCA_RoP_045|45]]) before the central division and the defendant or a licensee entitled to commence proceedings pursuant to Article [[UPCA_RoP_047|47]] of the Agreement subsequently initiates an infringement action in a local or regional division against the claimant in respect of the same patent (or patents) the following procedures shall apply. 

 2. The Registry at the local or regional division shall proceed in accordance with Rules [[UPCA_RoP_016|16]] and [[UPCA_RoP_017|17]]. The Registry shall as soon as practicable notify the President of the Court of First Instance of the revocation action in the central division, the infringement action in the local or regional division and any counterclaim for revocation in the infringement action. 

 3. Unless otherwise agreed by the parties the President of the Court of First Instance shall require the panel appointed in the central division to hear the revocation action pursuant to Rule [[UPCA_RoP_048|48.2]] to stay all further proceedings in the revocation action pending a decision of the panel hearing the action for infringement pursuant to [[UPCA_033|Article 33]](3) of the Agreement and Rule [[UPCA_RoP_037|37]]. 

 4. Where the claimant who has lodged a Statement for revocation does not lodge a Counterclaim for revocation in the infringement action referred in Rule [[UPCA_RoP_070|70.1]] the judge-rapporteur in the infringement action shall as soon as practicable notify the President of the Court of the First Instance and the stay referred to in Rule [[UPCA_RoP_070|70.3]] shall be lifted. 

 5. The panel hearing the action for infringement shall when exercising its discretion under [[UPCA_033|Article 33]](3) of the Agreement take into consideration how far the revocation action in the central division was advanced prior to the stay referred to in Rule [[UPCA_RoP_070|70.3]]. 

 6. Where the panel hearing the action for infringement decides to proceed in accordance with [[UPCA_033|Article 33]](3)(a) of the Agreement, Rules [[UPCA_RoP_033|33]] and [[UPCA_RoP_034|34]] shall apply ''mutatis mutandis'' to the action for infringement. 

 7. Where the panel hearing the action for infringement decides to proceed in accordance with [[UPCA_033|Article 33]](3)(b) or (c) of the Agreement, Rules [[UPCA_RoP_037|37.3]], [[UPCA_RoP_038|38]] to [[UPCA_RoP_041|41]] shall apply ''mutatis mutandis''. 

== Notes ==

'''Status:''' [[UPCA_RoP_15th_Draft|15th draft of 31st May 2013]]