UPC_APP_55795/2024

PROTECTIVE DEVICE AND METHOD FOR MAKING SAID PROTECTIVE DEVICE

OtherPreliminary ObjectionMilan LDPreliminary objection—

Overview Decisions Citations Documents Timeline

Parties

Claimants

Alpinestars Research S.p.A.

Respondents

Dainese S.p.A.

Judges

Alima ZanaJudge-rapporteur

Patents

EP 4 072 364
EP 3 498 117

CPC codes: A41D13/018, B60R21/239

Sector: Automotive

Outcome

Dismissed

Filed: —

First decided: Apr 15, 2025

Language: —

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.