UPC CoA 30/2024
EP1740740 · COMPACT SERVICE MODULE WHICH IS INTENDED FOR ELECTROLYTIC ALUMINIUM PRODUCTION PLANTS
- Case details
- Status—ActionAppealCategoryMain appeal
- Parties
- Division
- Court of Appeal
- Technology
- ChemistrySurface technology, coating
- Language
- —
- First decided
- Jan 16, 2025
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Rian Kalden | Locked |
| Judge Ingeborg Simonsson | Locked |
| Judge Patricia Rombach | Locked |
At the UPC: Fives ECL, SAS (5 cases)·REEL GmbH (4 cases)
This dispute contains 3 other proceedings
UPC CoA 42/2026·no order number559935/2023 - application processed in hardcopy only (outside CMS)·UPC CFI 274/2023
1 other defendants litigating the same or a related patent
Start a free trial to see how each one ended.
More cases: Court of Appeal·2024
- 2025-01-16Appeal RoP220.1Public
Summary: Court of Appeal dismissed REEL GmbH's preliminary objection to the jurisdiction of the UPC in a damages determination action brought by Fives ECL, SAS (UPC_CFI_274/2023). The CoA held that the UPC has jurisdiction under Art. 32(1)(a) and 32(1)(f) UPCA to determine damages following a national court judgment establishing infringement of EP 1 740 740. The separate action for damages is not limited to 'applications' under the Rules but constitutes an autonomous action; the court's competence also covers acts of infringement committed before the UPCA entry into force, provided the patent had not lapsed by 1 June 2023.
Show the legal issues (4)
- UPC jurisdiction over damages-only action following national court infringement judgment
- Art. 32(1)(a) and (f) UPCA: separate action for damages
- Temporal jurisdiction over acts committed before UPCA entry into force
- Preliminary objection to jurisdiction under Rule 19.1 RoP
- EN%20Final%20order%204000%202024%20%281%29.pdf2025-01-16EN
- Final%20order%204000%202024%20signed.pdf2025-01-16DE