Key takeaways
Failing to contest jurisdiction in first instance forecloses the objection on appeal (Art. 26(1) Brussels I Recast, R. 19.7 RoP).
By not contesting the jurisdiction and competence of the Court in First Instance, the Defendant in first instance has in principle foregone this opportunity on appeal and cannot raise the alleged lack of jurisdiction and competence as a ground for overturning the impugned order (Art. 26(1) Brussels I Recast and R. 19.7 RoP).
Manufacturing products intended for UPC territory establishes jurisdiction even if the Defendant acts outside the Contracting Member States (Art. 71b(2), Art. 7(2) Brussels I Recast).
By manufacturing, preparing and selling allegedly infringing products intended for the Contracting Member States of the UPC, there is a likelihood of damage occurring in the UPC territory arising from the possibility of third parties obtaining these products in the Contracting Member States, even if the acts causing the damage are performed by the Defendant outside the Contracting Member States. This provides basis for jurisdiction of the UPC pursuant to Art. 71b(2) in conjunction with Art. 7(2) Brussels I Recast.
Appellants must demonstrate that alleged procedural or substantive errors by the Court of First Instance actually resulted in an incorrect decision.
Appellants must demonstrate that any alleged procedural or substantive errors by the Court of First Instance, such as those in relation to the procedural schedule applied in first instance, have resulted in an incorrect decision by the Court of First Instance. In the absence of such a showing, the alleged errors cannot result in setting aside the impugned order.
Necessity of provisional measures is supported by direct competition and risk of permanent price erosion, particularly in reimbursement markets.
Division
Court of Appeal
UPC number
UPC_CoA_899/2025
Type of proceedings
Proceedings for provisional measures (appeal)
Parties
Appellants (Defendants in first instance): Sinocare Inc., A. Menarini Diagnostics s.r.l.
vs.
Respondent (Applicant in first instance): Abbott Diabetes Care Inc.
Patent(s)
EP 4 344 633
Jurisdictions
UPC
Body of legislation / Rules
Art. 26(1), 71b(2), Art. 7(2) Brussels I Recast and R. 19.7, 171.2, 206.2, 211 RoP
