UPC_CoA_30/2024

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.

The Court of Appeal (in German) set aside the Hamburg Local Division's order dismissing Fives ECL's standalone damages action and referred the case back to the Hamburg Local Division. The Court of Appeal held that the UPC has jurisdiction over a standalone action for assessment of damages where a national court has already found infringement and established the defendant's liability in principle, even for acts that pre-date the entry into force of the UPCA on 1 June 2023, provided the patent was still in force on that date. The Court confirmed that such actions fall within Art. 32(1) UPCA.