UPC APP 30222/2024

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Case details: Status
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Action
Preliminary objection
Category
Preliminary Objection
Parties: Claimants
Headwater Research LLC
Reps: Schneider (Eisenführ Speiser)
Respondents
Motorola Mobility LLC
Motorola Mobility Germany GmbH
Motorola Mobility International Sales LLC
Digital River Ireland Ltd.
Reps:
Division: Munich LD
Judges: —
Language: —
First decided: Jun 20, 2025

Decisions

2025-06-20
JurisdictionalPreliminary objection
Munich Local Division dismissed preliminary objections to jurisdiction filed by Motorola Mobility LLC and related entities against Headwater Research LLC's infringement action (UPC_CFI_149/2024). The court upheld jurisdiction under Art. 33(1)(a) UPCA for defendants that committed infringing acts in Germany and are domiciled there, and also upheld jurisdiction under Art. 33(1)(b) UPCA (with a narrower interpretation) over the remaining defendants including Digital River Ireland Ltd. Leave to appeal was not granted.
Legal issues:Jurisdiction under Art. 33(1)(a) UPCAJurisdiction under Art. 33(1)(b) UPCA over multiple defendantsPreliminary objection to jurisdiction under Rule 19 RoPDomicile and infringing acts for UPC jurisdiction

Documents