UPC APP 61580/2024

Preliminary objection by Motorola Mobility LLC, Motorola International Sales LLC, Motorola Mobility Germany GmbH and Flextronics International Europe B.V. challenging jurisdiction of Munich Local Division was rejected in Headwater Research LLC v. Motorola entities (EP 3 110 069). The court held: (1) Art. 33(1)(a) UPCA jurisdiction is established by the claimant's credible assertion of infringement in Germany, including delivery of devices; (2) Art. 33(1)(b) sentence 2 UPCA does not narrow the rule for multiple defendants where each infringes in Germany or has seat there; (3) Flextronics as logistics provider for Motorola was plausibly alleged to have participated in infringement, supporting Munich jurisdiction. Appeal not allowed.