UPC CoA 290/2025

At the UPC: Roku, Inc. (16 cases)·Sun Patent Trust (31 cases)

• 2025-10-06
  Appeal RoP220.2Public

  Summary: 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.

  Show the legal issues (6)

  • Preliminary objection admissible grounds under R. 19.1 RoP
  • Compatibility of UPC jurisdiction with Art. 19 TEU and Art. 267 TFEU
  • Administrative Committee's power to amend UPCA under Art. 87(2)
  • Milan Central Division replacing London
  • Court fee calculation for parallel appeals under R. 228 RoP
  • Art. 47(2) EU CFR and Art. 6 ECHR fair trial