Action on Infringement of Swiss part of European patent (non-UPC, Lugano Convention state)
In view of the CJEU decision BSH vs Electrolux, the UPC does not have jurisdiction to rule on the validity of the Swiss part of the EP (non-UPC state, Lugano Convention). But it can rule on infringement unless there is a reasonable risk that the patent will be revoked by the Swiss authorities in which case the UPC must stay the infringement proceedings. In the present case, the UPC found a significant risk in view of the unconditional limitations of the patent by claimant in the UPC states, whereas the Swiss part was left in the initially granted form. In the absence of pending revocation proceedings in Switzerland, the UPC did not stay and dismissed the infringement claim. (Mn. 123-125)
Retroactive Effect of Limitation of an European patent with unitary effect
The limitation of an European patent with unitary effect takes effect retroactively from the date of grant of the European patent. It is deemed to be valid from the date of its grant as long as it has not been revoked by a court. (Mn. 141)
Common general knowledge
A document that is not accessible to the public (here: internal technical document+marketed product+commercial brochures) does not belong to the common general knowledge. (Mn. 58-60)
Division
Paris Local Division
UPC number
UPC_CFI_702/2024, UPC_CFI_369/2025
Type of proceedings
Infringement action, counterclaim for revocation
Parties
IMC Créations vs Mul-T-Lock
Patent(s)
EP 4 153 830
Jurisdictions
UPC member states, Switzerland
