Topics: admissibility of a declaration of non-infringement
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CoA, September 21, 2026, order regarding an appeal against an order rejecting a preliminary objection, UPC_CoA_90/2026
Filing a declaration of non-infringement before patent grant raises a question of admissibility, not of UPC competence, under Art. 32(1)(b) UPCA: – Competence pursuant to Art. 32(1)(b) UPCA depends on the claimant’s actual intent in its statement of claim. Because the claimants sought a declaration of non-infringement against granted patents, the action falls within the…
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