Home » UPC decisions » Central Division » CD Paris, May 10, 2024, Order re Preliminary objection, UPC_CFI_589997/2023

CD Paris, May 10, 2024, Order re Preliminary objection, UPC_CFI_589997/2023

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Key takeaways

Lack of jurisdiction can occur when a different court or a different body (as an arbitration board) which is part of a different judicial system have the power to address the dispute (‘relative’ lack of jurisdiction) or when the situation brought to courts is not even abstractly configurable as a protectable right, pertaining to the administrative or the legislative power (‘absolute’ lack of jurisdiction).

None of these applies in the case of a standstill agreement according to which a party has to inform the other party of the intention to file a lawsuit a certain time before the lawsuit is filed.

The assessment of whether there is a lack of jurisdiction must be based on objective criteria and must not vary depending on the time of the filing of a claim or on the identity of the claimant.

Division

Central Division Paris

UPC number

UPC_CFI_589997/2023

Type of proceedings

Central revocation action; Preliminary objection

Parties

Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V.

vs.

Roche Diabetes Care GmbH

Patent(s)

EP 2 196 231

Body of legislation / Rules

Rules 19 (1) (b), 48 RoP


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