UPC_CFI_362/2025

Preliminary objection (R.19 RoP) decided by the Paris Local Division. The court rejected the jurisdictional challenge raised by Vivo (that the UPC lacks jurisdiction over an active FRAND determination request as the main claim), holding that the UPC has jurisdiction to hear the infringement action including FRAND aspects, and that the Paris Local Division is internally competent under Art.33.1(a) UPCA on the basis of alleged infringing sales in France. The preliminary objection was deferred/rejected and the case proceeds on the merits.

The Paris Local Division (judge-rapporteur Camille Lignieres) issued a preliminary order refusing Vivo's request to postpone the deadline for filing the Statement of Defence pending the outcome of Vivo's preliminary objection on UPC jurisdiction in the SEP/FRAND case (EP 3 407 524). The Court held that R. 19.6 RoP provides that the filing of a preliminary objection should not slow down the main proceedings in the absence of exceptional circumstances. Since Vivo would raise a FRAND defence in any event, no exceptional circumstances were established. The Statement of Defence remained due on 28 November 2025.

Paris Local Division granted a three-week extension to Vivo entities for filing their Preliminary Objection and Statement of Defence in Sun Patent Trust's infringement action concerning EP 3 407 524, following the delay caused by confidentiality proceedings and the parties' voluntary agreement to grant access to unredacted files.