ORD_6847/2025

CURING OF PHOTO-CURABLE PRINTING PLATES

Procedural & sub-applicationsCase Management OrdersMunich LDGeneric Order—

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
32	UPC jurisdiction over infringement actions including pre-entry-into-force acts	Binding	The UPC's jurisdiction pursuant to Art. 32(1)(a) UPCA, Art. 2g), Art. 3c) UPCA also covers infringement actions to the extent that they are based on acts of use which are alleged to have taken place before the UPCA entered into force
2	definition of patent infringement	Binding	The UPC's jurisdiction pursuant to Art. 32(1)(a) UPCA, Art. 2g), Art. 3c) UPCA also covers infringement actions
3	scope of application of UPCA	Binding	Art. 32(1)(a) UPCA, Art. 2g), Art. 3c) UPCA also covers infringement actions to the extent that they are based on acts of use which are alleged to have taken place before the UPCA entered into force
83	opt-out from UPC jurisdiction	Background	On 30 May 2023, the Claimant made use of the possibility to opt out under Art. 83 (3) UPCA (opt-out) for the patent at issue.
84	withdrawal of opt-out	Background	It withdrew from this opt-out on 26 August 2024 pursuant to Art. 84 para. 4 UPCA (opt-in).
31	international jurisdiction of the UPC	Binding	if the international jurisdiction of the UPC is at issue, this must be determined in accordance with Art. 31 UPCA without recourse to the applicable law.
56	powers of the court regarding remedies	Binding	to examine whether the procedural powers pursuant to Art. 56 et seq. UPCA cover the actual or threatened infringement of patents asserted in the infringement action at all.

Target	Legal point	Strength	Excerpt
19	preliminary objection to jurisdiction	Binding	By pleading dated 10 October 2024, the Defendants filed a preliminary objection pursuant to Rule 19 RoP.

Target	Legal point	Strength	Excerpt
Brussels Ia Regulation	distinction between jurisdiction and applicable law	Persuasive	The distinction between jurisdiction and applicable law is also recognized at European level, as evidenced by the Brussels Ia Regulation (EU), for example.

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