Topics: Art. 71b Brussels Ibis Regulation
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CoA, March 13, 2026, Order on Preliminary Objections Concerning International Jurisdiction, UPC_CoA_922/2025, UPC_CoA_923/2025, UPC_CoA_924/2025, UPC_CoA_925/2025
The Statement of claim must already set out the facts and legal arguments establishing the UPC’s jurisdiction.: The Court of Appeal makes clear that, as a rule, the claimant must already set out in the Statement of claim the facts and legal arguments necessary to establish the UPC’s jurisdiction. That applies especially where the claimant…
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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.…
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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…
3 min Reading time→
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