Topics: Competence
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LD Mannheim, April 2, 2025, order on Preliminary Objection, UPC_CFI_819/2024
Multiple Defendants may be sued in one action provided that the infringement has occured in the CMS hosting the Local Division, irrespective of a “commercial relationship”: Claimant submitted in its Statement of claim sufficient facts, which establish competence of the Local Division Mannheim for each and every defendant under Art. 33(1)(a)UPCA, which is reinforced by…
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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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LD Munich, February 12, 2025, Procedural Order, UPC_CFI_714/2024
LD Munich competent to hear an infringement action, although appeal before the Court of Appeal is pending between the same parties regarding an action for provisional measures based on the same patent that was filed in first instance with the LD Düsseldorf : A case is not “pending before a division of the Court of…
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LD Lisbon, October 15, 2024, order dismissing PI based on patent infringement, UPC_CFI_317/2024
Challenging territorial competence requires more than denying infringement: The court held that simply denying infringement does not constitute a valid challenge to territorial competence under Art. 33 (1) (a) UPCA. Defendants must directly address and refute the “territorial connection element” to successfully contest jurisdiction. The court emphasized the distinction between a jurisdictional challenge and a…
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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…
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CoA, September 3, 2024, Order on international jurisdiction and competence, UPC_CoA_188/2024
1) Art. 7(2) in conjunction with Art. 71b(1) of the Brussels I recast Regulation must be interpreted as meaning that the UPC has international jurisdiction in respect of an infringement action where the European patent relied on by the claimant has effect in at least one Contracting Member State and the alleged damage may occur…
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CD Munich, 4 October 2023, order in preliminary objection proceedings, UPC_CFI_252/2023
A lis pendens objection may be subject of a preliminary objection.: The international jurisdiction of the UPC, including objections based on Art. 29 and Art. 30 Regulation Brussels Ibis may be the subject of a preliminary objection under Rule 48 in connection with Rule 19.1(a) RoP. In accordance with Art. 31 UPCA, the international jurisdiction…
2 min Reading time→
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