Topics: Art. 32 UPCA
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CD Munich, March 24, 2026, Procedural Order, UPC_CFI_2296/2025
The list of preliminary objections under Rule 19.1 RoP is exhaustive and cannot be extended to other defences such as lack of standing to sue or res judicata: The court confirmed, in line with the Court of Appeal’s decisions in Aylo v. DISH/SLING (UPC_CoA_188/2024) and Roku/Sun (UPC_CoA_288/2025), that Rule 19.1 RoP only permits objections on…
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CoA, March 16, 2026, Order concerning a Preliminary Objection, UPC_CoA_904/2025, UPC_CoA_905/2025
A preliminary objection may also be deferred to the main proceedings by the panel, not only by the judge-rapporteur: The Court of Appeal clarifies that a decision under R. 20.2 RoP to deal with a preliminary objection in the main proceedings is not reserved to the judge-rapporteur alone. Where the matter has been referred to…
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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…
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LD Milan, April 8, 2025, Order concerning R. 19 RoP (adopting CJEU’s reasoning in BSH/Electrolux), UPC_CFI_792/2024
The UPC is considered a court of a Member State.: The UPC “shall be deemed to be a court of a Member State” pursuant the Article 71a of the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014 (“Brussels Ibis Regulation”). The interpretation provided by the CJEU applies to the UPC as if…
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LD Düsseldorf, April 10, 2025, Decision on infringement, UPC_CFI_50/2024
Claim Interpretation of Product-by-Process Claims : Product-by-process claims should be interpreted based on the technical features imparted to the product by the process, not the process itself (Art. 69 EPC, Protocol on the Interpretation of Art. 69 EPC). The court held that the key feature in this case was the ability to create a structural…
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LD Munich, February 14, 2025, order on preliminary objection, UPC_CFI_437/2024
A preliminary objection based on questions regarding the claimant’s standing to bring an action is inadmissible or at least unfounded.: The Court’s jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled…
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