UPC CoA 188/2024

At the UPC: Aylo Group (18 cases)·DISH Technologies L.L.C. (20 cases)

• 2024-09-03
  Appeal RoP220.2Public

  Summary: The Court of Appeal dismissed AYLO's appeal against the Munich Local Division's rejection of AYLO's preliminary objection challenging UPC jurisdiction and competence. The Court of Appeal upheld UPC jurisdiction under Art. 7(2) Brussels I recast and Art. 71b(1) in conjunction with Art. 33(1)(a) UPCA, holding that jurisdiction exists where a European patent has effect in at least one Contracting Member State and alleged damage may occur there (including via internet access). The list of preliminary objections in R. 19.1 RoP is exhaustive; defences based on abusive procedural conduct and manifest lack of foundation are not admissible as preliminary objections.

  Show the legal issues (5)

  • International jurisdiction (Art. 7(2) Brussels I recast; Art. 71b(1))
  • Internal competence (Art. 33(1)(a) UPCA)
  • Internet-based infringement and place of harm
  • Exhaustive nature of preliminary objections (R. 19.1 RoP)
  • Parallel national court proceedings