Decisions
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2025-04-15 | UPC_APP_55795/2024 | Milan LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Milan Local Division dismissed Alpinestars Research's preliminary objection challenging the UPC's jurisdiction to adjudicate on infringement of European patents validated in Spain (a non-UPC contracting state). The court held, following the CJEU decision in C-339/2022, that the UPC has universal jurisdiction over European patents under Brussels I Regulation (recast) where the defendant is domiciled in a UPC member state, including for non-UPC validated patents such as in Spain. |
| 2025-04-08 | UPC_APP_61708/2024 | Milan LD | Preliminary objection | motionName.jurisdictional | Dismissed | Order of the Milan Local Division dismissing a preliminary objection (Rule 19 RoP) filed by Alpinestars S.p.A. challenging the jurisdiction of the Milan Local Division over infringement of EP 4 072 364 validated in Spain. The Court held that, following the CJEU judgment in C-339/22, the UPC as court of the defendant's domicile has universal jurisdiction over infringement of European patents including those validated in non-UPC countries such as Spain. |
| 2024-10-29 | UPC_APP_10381/2024 | Nordic-Baltic RD | Preliminary objection | motionName.jurisdictional | Procedural only | The Nordic-Baltic Regional Division rejected Sioen NV's preliminary objection in the patent infringement action brought by TEXPORT, finding that parallel Belgian proceedings (for non-infringement declaration regarding the Belgian part of the patent) did not preclude UPC jurisdiction over infringements in Latvia and Portugal under Arts. 29–31 of Brussels I Recast. |