UPC CoA 923/2025

At the UPC: ADOBE INC. (12 cases)·KEEEX SAS (12 cases)

• 2026-03-13
  Appeal RoP220.2Public

  Summary: Order by the Court of Appeal (Panel 1d, 13 March 2026) partially reversing the Paris Local Division's order of 27 November 2025 on international jurisdiction. The CoA held that UPC jurisdiction based on Art. 7(2) Brussels Ibis (place of damage) is limited to UPC territory and does not extend to infringement in non-member states (Switzerland, Spain, UK, Ireland, Norway, Poland). The first-instance decision to assert jurisdiction over non-UPC territories was set aside because Keeex's Statement of claim lacked the necessary facts to justify Art. 71b(3) jurisdiction. The case concerns patent EP 2 949 070 and defendants Adobe, OpenAI, Truepic, Joint Development Foundation and others.

  Show the legal issues (5)

  • International jurisdiction of UPC (Art. 71b(3) Regulation 1215/2012)
  • BSH judgment scope
  • Art. 7(2) Brussels Ibis territorial limitation
  • Statement of claim must plead jurisdictional basis (R. 13(1)(i) RoP)
  • Infringement in non-UPC countries