UPC CoA 188/2024

Order of the Court of Appeal dated 3 September 2024 on AYLO entities' appeal against the Mannheim Local Division's rejection of their preliminary objections in infringement proceedings brought by DISH Technologies and Sling TV regarding EP 2 479 956. The CoA dismissed AYLO's appeal and upheld the CFI's rulings on: (1) international jurisdiction of the UPC (Art. 7(2) Brussels I in conjunction with Art. 71b(1)) – jurisdiction exists if the patent has effect in at least one Contracting Member State and alleged internet-accessible services can cause damage there; (2) competence of the Mannheim Local Division; (3) rejection of the parallel national proceedings argument under Art. 30(2) Brussels I; and (4) confirmation that the list of preliminary objections under R. 19.1 RoP is exhaustive – abuse of process and manifest inadmissibility are not recognised as unwritten preliminary objections.

The Court of Appeal dismissed AYLO's appeal against the Munich Local Division's rejection of AYLO's preliminary objection challenging UPC jurisdiction and competence. The Court of Appeal upheld UPC jurisdiction under Art. 7(2) Brussels I recast and Art. 71b(1) in conjunction with Art. 33(1)(a) UPCA, holding that jurisdiction exists where a European patent has effect in at least one Contracting Member State and alleged damage may occur there (including via internet access). The list of preliminary objections in R. 19.1 RoP is exhaustive; defences based on abusive procedural conduct and manifest lack of foundation are not admissible as preliminary objections.