Topics: lack of jurisdiction
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CD Paris, May 10, 2024, Order re Preliminary objection, UPC_CFI_589997/2023
The violation of a standstill agreement does not constitute grounds for challenging the jurisdiction of the Unified Patent Court: Lack of jurisdiction can occur when a different court or a different body (as an arbitration board) which is part of a different judicial system have the power to address the dispute (‘relative’ lack of jurisdiction)…
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LD Helsinki, Decision of 20 October 2023, UPC_CFI_214/2023
Withdrawal of opt-out ineffective: dismissal due to lack of jurisdiction: An infringement action and a request for provisional measures were filed based on European Patent EP 3 295 663 (EP’663). The LD Helsinki dismissed both due to lack of jurisdiction of the UPC Courts . EP’663 was opted out on May 12, 2023, and the…
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