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Overview · Filed: Apr 1, 2025

UPC_CoA_288/2025

AppealsMain AppealCourt of AppealAppealCase Closed
Parties

Claimants

  • Roku International B.V.
  • Roku, Inc.
Reps: Tilman Müller (Bardehle Pagenberg); Volkmar Henke (Bardehle Pagenberg)

Respondents

  • Dolby International AB
  • Sun Patent Trust
Reps: Andreas Kramer (Vossius & Partner)
Judges
  • Rian Kalden
  • Patricia Rombach
  • Ingeborg Simonsson
Patents
Outcome
Dismissed
Filed: Apr 1, 2025
First decided: Oct 6, 2025
Language: German

The Court of Appeal dismissed Roku's appeal against the rejection of preliminary objections challenging the UPC's jurisdiction and competence in proceedings brought by Dolby International AB and Sun Patent Trust. The Court upheld that R. 19.1 RoP provides an exhaustive list of admissible grounds for preliminary objections; Art. 31 UPCA jurisdiction rules are compatible with EU law and do not encroach on CJEU jurisdiction; the Administrative Committee was empowered under Art. 87(2) UPCA to designate Milan as the replacement section for London; and a separate court fee is payable for each set of appeal proceedings. Roku's request for a single court fee covering multiple parallel appeals was also rejected. No costs were ordered as this order did not conclude the merits.

Open on UPC Registry