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UPC CFI 575/2025

Jun 25, 2025·EP2563695 · TELESCOPIC BELT CONVEYOR

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Mannheim LD
Technology
  • Mechanical engineering
    Handling
Language
English
First decided
Oct 22, 2025
Last decision
Sep 18, 2026
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Mannheim LDLockedLocked
Judge Peter TochtermannLockedLocked
Judge Marjolein VisserLockedLocked
Judge Dirk BöttcherLockedLocked
Judge Giorgio CheccacciLockedLocked

At the UPC: Honeywell Control Systems Ltd. (2 cases)·Sovex Systems B.V. (2 cases)

Decisions
  • 2026-09-18
    InfringementPublic

    Summary: The Mannheim Local Division held that VeyorEx, Solvest VII, Solvink, Kleine Beuk and Hemtech directly infringed EP 2 563 695 (telescopic belt conveyor, 'Bendy Booms') and granted an injunction for DE, DK, FR, NL, LV and IT, information, a declaration of liability for damages and EUR 75,000 provisional damages; the action against Solvest V and VI failed. The counterclaim for revocation was dismissed because none of the validity attacks succeeded, and a stay under R. 295(m) RoP was refused.

    Show the legal issues (6)
    • Direct infringement after termination of a licence agreement
    • Licence defence not substantiated
    • Validity (counterclaim for revocation)
    • Stay pending national proceedings under R. 295(m) RoP
    • Interim award of damages (R. 119 RoP)
    • Penalty payments (R. 354.3 RoP)
  • 2026-02-12
    Preliminary objectionPublic

    Summary: The Mannheim Local Division rejected the preliminary objection filed by all seven defendants (led by Sovex Systems and Solvest entities) in Honeywell's infringement action concerning EP 2 563 695 B1. The Court retained jurisdiction over the Dutch defendants under Art. 33(1) UPCA and rejected the defendants' arguments challenging international jurisdiction over Hemtech (Bosnia and Herzegovina) under Art. 31 UPCA and Art. 71b Brussels I Recast. The Court found Honeywell had sufficiently asserted German-directed infringing acts at the pleadings stage, without needing to pre-judge the merits. Leave to appeal the rejection was not granted by the judge-rapporteur.

    Show the legal issues (5)
    • Preliminary objection under R.19 RoP
    • Jurisdiction under Art.33(1) UPCA
    • International jurisdiction over non-EU defendant (Art.31 UPCA, Art.71b Brussels I)
    • Competence of UPC over defendants domiciled in Netherlands
    • Infringement assertion threshold at pleadings stage
  • 2025-10-22
    Preliminary objectionPublic

    Summary: The Mannheim Local Division (judge-rapporteur Marjolein Visser) ruled on a preliminary objection filed by the defendants in an infringement action by Honeywell Control Systems Ltd. concerning EP 2 563 695 B1. The court dismissed the request to transfer the case to The Hague regarding Sovex Systems (D1) and the other Dutch defendants (D2-D6), finding that the Mannheim Local Division has competence under Art. 33(1)(a) UPCA based on alleged infringement occurring in Germany. The request to dismiss for lack of international jurisdiction over Hemtech (D7, Bosnia) was also addressed.

    Show the legal issues (5)
    • Preliminary objection (R. 19 RoP)
    • Competence of UPC Local Division under Art. 32 UPCA
    • Territorial competence under Art. 33(1)(a) and (b) UPCA
    • International jurisdiction over non-EU defendants (Art. 31 UPCA)
    • Interpretation of 'place where infringement occurred' by analogy with Art. 7(2) Brussels I Recast
Document titleDatePublic
Publication of decision2026-09-18Not public
Case closed2026-09-18Not public
Decision2026-09-18Not public
Decision2026-09-18Public
Receipt2026-09-03Not public
Cover sheet2026-09-03Not public
Document Defendant2026-09-03Not public
Document Defendant2026-09-03Not public
Deliberation opened2026-07-21Not public
Other Documents2026-07-17Not public
Plain-English summary

Honeywell Control Systems challenged the preliminary objection filed by seven Solvest/Sovex group defendants in its infringement action concerning telescopic belt conveyor patent EP 2 563 695 B1. The Mannheim Local Division rejected the objection in both its October 2025 and February 2026 orders, holding that Art. 33(1)(a) and (b) competence grounds are co-equal, that a cursory allegation of German infringement suffices at the jurisdictional stage, and that international jurisdiction over Bosnian defendant Hemtech under Art. 31 UPCA and Art. 71b Brussels I was adequately established by Honeywell's pleadings.

Accepted arguments
What the court agreed with — by party.
  • Mannheim Local Division has competence over Dutch defendants under Art. 33(1)(a) UPCA based on sufficiently asserted German infringement

    ClaimantLegal basis: Art. 33(1)(a) UPCA; CoA 28 November 2025 UPC_CoA_317/2025 (Barco v Yealink)

    Note: Court found that Honeywell's allegation that the allegedly infringing telescopic belt conveyor was marketed Europe-wide, with six named German clients, was sufficient to establish competence without pre-judging the merits.

  • International jurisdiction over Hemtech (Bosnia) under Art. 31 UPCA and Art. 71b Brussels I Recast

    ClaimantLegal basis: Art. 31 UPCA; Art. 71b Brussels I Recast Regulation

    Note: Court held that Honeywell's allegation that Hemtech commits infringing acts in a contracting member state was sufficient at this stage; whether Hemtech actually infringes is a merits question.

  • Competence assessment should use a 'cursory look' standard without comprehensive evidence evaluation

    ClaimantLegal basis: CoA 28 November 2025 UPC_CoA_317/2025 headnotes 3-5

    Note: Court applied the Court of Appeal's standard that jurisdictional competence should be established by a preliminary review of allegations, not a full merits assessment.

Rejected arguments
What the court did not agree with — and why.
  • Case against Sovex (D1) should be transferred to The Hague as Sovex is domiciled in the Netherlands

    RespondentLegal basis: Art. 33(1)(a)-(b) UPCA

    Reason: Court held that Art. 33(1)(a) competence based on infringement in Germany is equal in hierarchy to Art. 33(1)(b) domicile-based competence; no hierarchy exists between the two grounds, and German infringement was sufficiently asserted.

  • Art. 33(1)(a) must be interpreted restrictively as a lex specialis requiring a specific territorial connection analogous to CJEU Kalfelis restrictive interpretation of Art. 7(2) Brussels I

    RespondentLegal basis: Art. 33(1)(a) UPCA; CoA 28 November 2025

    Reason: Court, following Court of Appeal case law, held there is no hierarchy between Art. 33(1)(a) and (b) and that sufficiently asserting infringement in Germany is enough at the jurisdictional stage.

  • CJEU reference on Art. 32 UPCA and Art. 71a-71b Brussels I is necessary

    RespondentLegal basis: Art. 267 TFEU

    Reason: Court declined the referral request citing ample existing UPC Court of Appeal case law resolving the issues.