Topics: retroactive effect
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LD Paris, January 16, 2026, decision on the merits, UPC_CFI_702/2024, UPC_CFI_369/2025
Action on Infringement of Swiss part of European patent (non-UPC, Lugano Convention state): In view of the CJEU decision BSH vs Electrolux, the UPC does not have jurisdiction to rule on the validity of the Swiss part of the EP (non-UPC state, Lugano Convention). But it can rule on infringement unless there is a reasonable…
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CoA Luxembourg, December 10, 2024, revocation of an order, UPC_CoA_470/2023
The revocation under Art. 75(1) UPCA and R. 242.1 RoP of an order of the Court of FirstInstance granting a provisional injunction will, as a general rule, have retroactive effect: As the decision of the CoA to revoke a first instance order means that the CoA finds this order should not have been made. Therefore…
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