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UPC APP 55795/2024
—·EP4072364 +1 more: PROTECTIVE DEVICE AND METHOD FOR MAKING SAID PROTECTIVE DEVICE
- Case details
- Status—ActionPreliminary objectionCategoryPreliminary Objection
- Parties
- ClaimantsRespondents
- Division
- Milan LD
- Judges
- Alima Zana · Judge-rapporteur
- Technology
- Automotive
- Language
- —
- First decided
- Apr 15, 2025
Decisions
- 2025-04-15DismissedJurisdictionalPreliminary objection
The Milan Local Division dismissed Alpinestars Research's preliminary objection challenging the UPC's jurisdiction to adjudicate on infringement of European patents validated in Spain (a non-UPC contracting state). The court held, following the CJEU decision in C-339/2022, that the UPC has universal jurisdiction over European patents under Brussels I Regulation (recast) where the defendant is domiciled in a UPC member state, including for non-UPC validated patents such as in Spain.
Legal issues:UPC jurisdiction over European patents validated in non-UPC countriesApplication of Brussels I Regulation (recast) Art. 71a and 71bCJEU ruling C-339/2022 and UPC jurisdictionPreliminary objection under Rule 19 RoPJurisdiction for European patents not validated in UPC contracting states
Documents
- 7EB6DE6AB95A7B878AC937C4F88C8C70_en.pdf2025-04-15ENGLISH