UPC_CFI_361/2025

The Paris Local Division (full panel: Lignieres, Kupecz, Gillet) rejected Vivo's preliminary objection challenging UPC jurisdiction and the internal competence of the Paris Local Division in Sun Patent Trust's SEP/FRAND infringement action concerning EP 3 852 468. The Court held that UPC jurisdiction is established under Art. 33(1)(a) UPCA because an allegedly infringing Vivo product was offered and delivered to a French customer via Fnac.com, constituting a harmful event in France. Vivo's additional argument that only a FRAND defence (not a FRAND main claim) falls within UPC jurisdiction was deferred to the main proceedings under R. 20.2 RoP.

Procedural order on Sun Patent Trust's application for confidentiality protection (Rules 262.2 and 262A RoP) of highly confidential information in its infringement action against Vivo. The court set conditions for access by Vivo's representatives and named in-house employees to the unredacted statement of claim, rejecting certain overly restrictive constraints proposed by the claimant.