Home » UPC decisions » Local Division » LD Munich, November 11, 2026, judgment on infringement and counterclaim for revocation, UPC_CFI_770/2025 & UPC_CFI_1969/2025

LD Munich, November 11, 2026, judgment on infringement and counterclaim for revocation, UPC_CFI_770/2025 & UPC_CFI_1969/2025

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Key takeaways

Cross-Border Liability Beyond Each Subsidiary’s Own Market (Art. 25, 63, 64 UPCA)

The Munich Local Division held that national sales subsidiaries participating in a common cross-border distribution plan can be liable for each other’s infringing acts. Allocating Germany and France to separate companies did not limit their external liability to their respective domestic markets. The internal division of tasks does not restrict external liability; the scope of attribution is determined by the concrete cooperation pursuant to the common plan.

Each Joint Infringer Can Be Liable for the Entire Loss (Art. 68 UPCA)

Each joint infringer is liable for the total damage caused by the coordinated infringement, with recovery limited to one payment of that loss. The court derived joint and several liability autonomously from the UPCA, without recourse to national law, expressly presenting this as a development of the Court of Appeal’s approach in Belkin v. Philips.

A Common Distribution Plan, Not Group Membership, Drives Liability (Art. 25, 63 UPCA)

The decision does not establish automatic liability merely because companies belong to the same corporate group. Its significance lies in attributing liability to each company’s conscious participation in a shared distribution plan. Internal corporate boundaries do not shield participants from responsibility for the coordinated infringement.

Division

LD Munich (Panel 2)

UPC number

UPC_CFI_770/2025 & UPC_CFI_1969/2025

Type of proceedings

Infringement; Counterclaim for revocation

Parties

Claimant / Revocation Defendant: BSH Hausgeräte GmbH
Defendants / Revocation Claimants: Arçelik A.Ş.; Beko Germany GmbH; Beko France SAS

Patent(s)

EP 3 673 210

Jurisdictions

UPC

Body of legislation / Rules

Art. 25 UPCA; Art. 63 UPCA; Art. 64 UPCA; Art. 65 UPCA; Art. 67 UPCA; Art. 68 UPCA; Art. 69 UPCA; Art. 82 UPCA; Art. 138 EPC; Art. 54 EPC; Art. 56 EPC; Art. 123(2) EPC; R. 118.8 RoP; R. 191 RoP; R. 352 RoP; R. 354 RoP


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  • Karin Bek, Attorney-at-Law (Rechtsanwältin), UPC Representative

    Attorney-at-Law (Rechtsanwältin), UPC Representative

  • Dr. Philipp Bovenkamp, German and European Patent Attorney, UPC Representative, Counsel at BARDEHLE PAGENBERG

    German and European Patent Attorney, UPC Representative, Counsel

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