UPC APP 22897/2024

Preliminary objection by Qualcomm entities (Qualcomm Incorporated, Qualcomm Technologies Inc., Qualcomm Germany GmbH) challenging jurisdiction dismissed by judge-rapporteur. Defendants argued that the withdrawal of the opt-out of EP 1 552 399 by a UPC representative (Ms Huang) was invalid for lack of power of attorney. The court held that a registered UPC representative (Art. 48 UPCA, R. 5.3(b)(i) RoP) does not need a written mandate for opt-out withdrawal; formal requirements were met and the patent falls within UPC jurisdiction. Appeal against this decision was not allowed.