Topics: Art. 6 ECHR
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LD Mannheim, April 20, 2026, Order, UPC_CFI_1291/2026, Anti-Anti Suit Injunction against “Interim Licence” application before Chinese Court
The UPC has jurisdiction to issue an AASI to secure pending patent infringement proceedings before the UPC (Art. 31, 32(1)(c), 33(1)(a) UPCA) (mn. 16 et seq.): Imminent infringement of patents within the meaning of Article 32(1)(a) UPCA is not only its unlawful use. Also the application for a foreign injunction with the aim to prevent…
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Court of Appeal, February 24, 2026, decision, UPC_CoA_883/2025; UPC_CoA_892/2025
Rehearing is an exceptional remedy; only fundamental, outcome‑determinative procedural defects justify reopening final appeal decisions (Art. 81(1) UPCA; R. 245, 247 RoP): The court reaffirms the rulings in UPC_CoA_405/2024, decision of 19 June 2025, Alexion vs Amgen, and UPC_CoA_402/2024, decision of 19 June 2025, Alexion vs Samsung. Especially, it is the applicant’s responsibility to demonstrate…
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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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