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UPC APP 58871/2024

Case details
Status
Claim dismissed
Action
Preliminary objection
Category
Preliminary objection
Parties
Claimants
Representatives
Respondents
Representatives
Division
Hamburg LD
Judges
—
Language
—
First decided
Dec 18, 2024
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All UPC124
Hamburg LDLocked

At the UPC: Visibly Inc. (9 cases)·Easee B.V. (9 cases)

Decisions
  • 2024-12-18
    Preliminary objectionPublic

    Summary: Procedural order of the Hamburg Local Division rejecting a preliminary objection (Rule 19 RoP) filed by defendants Easee B.V., Yves Prevoo (director), and Easee Holding B.V. against Visibly Inc.'s patent infringement action. The court rejected the jurisdictional challenge, holding: (1) an alleged patent infringement constitutes a tort under Art. 7(2) Brussels I recast Regulation, giving the UPC jurisdiction over director liability claims as well; (2) the question whether a director can be held personally liable is a matter of the merits, not of jurisdiction. The court confirmed the Hamburg Local Division's competence under Art. 33(1)(a) UPCA based on the place where the alleged infringement may occur (Germany). Leave to appeal was granted.

    Show the legal issues (5)
    • Preliminary objection on jurisdiction (Rule 19 RoP)
    • UPC jurisdiction over director liability claims in patent infringement
    • Art. 7(2) Brussels I recast Regulation: patent infringement as tort
    • Art. 33(1)(a) UPCA: competence based on place of infringement
    • Personal director liability: jurisdictional vs. merits question
Documents
  • B1BDB3686E77CD8F1FFAF3EFE23EE775_en.pdf2024-12-18EN