Topics: private prior use
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LD Düsseldorf, June 10, 2026, Decision of the Court of First Instance, UPC_CFI_758/2024, UPC_CFI_259/2025
Headnote: The claimant’s legitimate interest in the publication of a decision (Art. 80 UPCA) may, depending on the circumstances of the individual case, follow from the fact that the defendant has marketed the attacked embodiment by explicitly referencing to the key technology protected by the patent: Publication of the decision under Art. 80 UPCA (in…
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CoA, June 2, 2026, appeal judgment in infringement action and counterclaim for revocation, UPC_CoA_312/2025 et al
On international jurisdiction: The CoA confirms long-arm jurisdiction for European patents in accordance with the CJEU’s decision in BSH v Electrolux (C-339/22), i.e. where the Defendant is domiciled in a UPC contracting member state (headnotes 5-8). In this course, the CoA clarifies that the UPC cannot decline jurisdiction in such case, confirming the CJEU’s decision…
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