Topics: Art. 33 (1) (b) UPCA
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LD Munich, April 4, 2025, Decision on infringement and counterclaim for revocation, UPC_CFI_501/2023
Jurisdiction over multiple defendants with commercial relationship and same infringement (Art. 33(1)(b) UPCA).: Multiple defendants can be sued at the domicile, principal place of business, or place of business of one defendant if they have a commercial relationship and the action concerns the same alleged infringement (“anchor-defendant”). Headnote 1 of the decision clarifies: In the…
4 min Reading time→ -
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LD Düsseldorf, September 6, 2024, order of the court of first instance, UPC_CFI_165/2024 and UPC_CFI_166/2024
Existence of infringement is assessed on the basis of UPC law without recourse to national patent law: Art. 25 UPCA (right to prevent the direct use of the invention) constitutes uniform substantive law and Art. 62 (1) UPCA (provisional and protective measures) uniform procedural law, which takes precedence over national patent laws so that these…
11 min Reading time→
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