UPC_APP_45195/2024

The Munich Local Division dismissed Roku's preliminary objection (R. 19 RoP) in the infringement action brought by Dolby International AB, rejecting arguments that (i) the UPCA is incompatible with EU primary law, (ii) Art. 47(2) EU Charter / Art. 6(1) ECHR is violated, and (iii) the Munich Local Division lacks territorial jurisdiction. The court confirmed that incompatibility of the UPCA with EU law is not a valid ground under R. 19.1 RoP, and that for jurisdiction purposes it suffices that the claimant credibly alleges an infringing act in Germany.