Topics: ARt. 31 UPCA
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LD Mannheim, February 12, 2026, preliminary objection, UPC_CFI_575/2025
According to Art. 31 UPCA in conjunction with Art. 71b(1) and (2) and Art. 7(2) of the Brussels I recast regulation the UPC has international jurisdiction over a non-EU defendant if infringing acts are sufficiently alleged in a Contracting Member State: The Court has an ex officio duty under Art. 28 Brussels I recast reegulation…
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Court of Appeal, October 6, 2025, Decision regarding rejection of Preliminary Objections in Infringement Actions, UPC_CoA_288/2025, UPC_CoA_290/2025, UPC_CoA_291/2025
A preliminary objection to jurisdiction under Rule 19.1(a) RoP can include challenging the validity of the UPCA’s jurisdictional provisions themselves, such as Articles 31 and 32 UPCA.: The Court of Appeal confirmed that Rule 19.1(a) RoP covers not only factual or procedural jurisdiction disputes but also legal challenges to the validity of the jurisdiction-conferring norms…
5 min Reading time→ -
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LD Mannheim, July 18, 2025, order on infringement claims relating to UK, UPC_CFI_359/2023
The UPC does not have jurisdiction to revoke the validated national part of a European Patent in relation to the United Kingdom with erga omnes effect: According to the ECJ’s ruling in BSH Hausgeräte, the court of the Member State of the European Union in which the defendant is domiciled (Article 4(1) Brussels Ia Regulation)…
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LD Mannheim, July 18, 2025, order on infringement claims relating to UK, UPC_CFI_365/2023
The UPC has jurisdiction to decide upon the infringement of the UK part of a EuropeanPatent: This applies as far as the infringement action relates to acts infringing the UK national part of the patent-in-suit. Whether infringement is given and an injunction and/or other measures can be granted has to be assessed under UK law.…
2 min Reading time→
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