Home » UPC decisions » Local Division » Helsinki Local Division » LD Helsinki, Decision of 20 October 2023, UPC_CFI_214/2023

LD Helsinki, Decision of 20 October 2023, UPC_CFI_214/2023

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Key takeaways

An infringement action and a request for provisional measures were filed based on European Patent EP 3 295 663 (EP’663). The LD Helsinki dismissed both due to lack of jurisdiction of the UPC Courts . EP’663 was opted out on May 12, 2023, and the opt-out was registered on June 1, 2023. The opt-out was withdrawn on July 5, 2023. However, the withdrawal was found to be ineffective due to national infringement and invalidity proceedings before German national courts. Also, the Defendants’ request that the Applicant be ordered to provide security for costs was dismissed because the Defendants’ did not prove sufficiently that there is risk of insolvency of the Applicant.

Parties and filing dates of national actions do not matter:

The LD Helsinki found that also national actions that had alread been commenced before 1 June 2023 fall within the definition of Art. 83(4) UPCA and Rule 5.8 RoP. There is no reference in these provisions that commencement dates should be after 1 June 2023. Also, there are no grounds to interpret these provisions in a way that the national actions would have to involve the same parties. Furthermore, the LD established that the LD’s interpretation of Art. 83(4) UPCA and Rule 5.8 RoP is in line with the principle of non-retroactivity of treaties provided under Article 28 of the Vienna Convention on the Law of Treaties.


Local Division Helsinki

UPC number


Type of proceedings

Infringement Action and Request for Provisional Measures


AIM Sport Vision AG, Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor Espana SL


EP 3 295 663


Place jurisdictions

Body of legislation / Rules

Art. 32(1) UPCA, Art. 83(4) UPCA, Art. 83(3) UPCA, Art. 83(1) UPCA, Rule 5.8 RoP, Rule 5.5 RoP, Rule 5.12 RoP, Art. 28, 31, 32 VCLT, Brussels I Regulation Art. 71c, Art. 69(4) UPCA, Rule 158.1 RoP

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