UPC APP 61580/2024

At the UPC: Headwater Research LLC (34 cases)·Motorola Group (41 cases)

• 2025-06-20
  Preliminary objectionPublic

  Summary: Preliminary objection by Motorola Mobility LLC, Motorola International Sales LLC, Motorola Mobility Germany GmbH and Flextronics International Europe B.V. challenging jurisdiction of Munich Local Division was rejected in Headwater Research LLC v. Motorola entities (EP 3 110 069). The court held: (1) Art. 33(1)(a) UPCA jurisdiction is established by the claimant's credible assertion of infringement in Germany, including delivery of devices; (2) Art. 33(1)(b) sentence 2 UPCA does not narrow the rule for multiple defendants where each infringes in Germany or has seat there; (3) Flextronics as logistics provider for Motorola was plausibly alleged to have participated in infringement, supporting Munich jurisdiction. Appeal not allowed.

  Show the legal issues (4)

  • Jurisdiction of UPC local division (Art. 33(1)(a) and (b) UPCA)
  • Interpretation of Art. 33(1)(b) sentence 2 for multiple defendants
  • Infringement location as basis for jurisdiction
  • Participation of logistics provider in infringement

• BC3661AD2B4FE393414880B57FCD1C58_de.pdf2025-06-20DE