Topics: International jurisdiction
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LD Paris, March 21, 2025, procedural order on preliminary objection, UPC_CFI_702/2024
The UPC has jurisdiction to rule on alleged infringement of European patents in non-contracting states: Infringement actions can only be brought with respect to countries where the patent is in force, which includes not only countries where a Unitary Patent is in force but also validations of European patents in non-signatory countries. (Art. 24(4) Regulation…
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LD Mannheim, March 11, 2025, orders, UPC_CFI_159/2024, UPC_CFI_162/2024
If infringement proceedings are ready for decision with regard to single national parts, decision should not be withheld if this would delay enforcement: This decision has gained relevance in light of the recent decisions on the long-arm jurisdiction (cf. CJEU, BSH v Electrolux (C-339/22); UPC LD Dusseldorf, Fujifilm v Kodak (UPC_CFI_355/2023) according to which the…
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CD Munich, October 17, 2024, Decision of the Court of First Instance of the Unified Patent Court, UPC_CFI_252/2023
Parallel national action: The Court must examine its international jurisdiction of its own motion when this is required under Union law. Pursuant to Art. 30 of the Brussels I recast Regulation, the UPC may stay proceedings (based on its discretionary power) where a related action is pending in a national court. Admissibility of auxiliary requests:…
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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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