| 2025-05-28 | UPC_APP_22758/2025 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | The Court of Appeal permitted NanoString Technologies Europe Limited's withdrawal of the revocation action (UPC_CoA_808/2024 / ACT_551180/2023 / UPC_CFI_252/2023) against Harvard's EP 2 794 928, following NanoString's application filed on 14 May 2025. Harvard agreed to the withdrawal and did not oppose. The withdrawal was permitted as Harvard had no legitimate interest in the action being decided. No costs order was issued. The proceedings were declared closed. |
| 2025-05-28 | UPC_APP_24663/2025 | Court of Appeal | Generic application | Costs | Costs only | The Court of Appeal issued an order granting Harvard's application for reimbursement of 60% of the court fees paid for the appeal (UPC_CoA_808/2024) following NanoString's withdrawal of the revocation action. Harvard had paid the appeal court fees as appellant; NanoString had withdrawn the underlying action on 14 May 2025 before closure of the written procedure. The Court ordered reimbursement of 60% of Harvard's appeal court fees under R. 370.9(b)(i) RoP. |
| 2025-05-26 | UPC_CoA_1/2025 | Court of Appeal | — | Procedural | Injunction denied | The Court of Appeal denied the application by Chainzone Technology (Foshan) Co., Ltd. (intervener/defendant) for suspensive effect of its appeal against the infringement order of the Vienna Local Division (15 January 2025) in proceedings between SWARCO FUTURIT and STRABAG. Chainzone failed to demonstrate manifest errors in the first-instance decision concerning EP 2 643 717 (a colour-mixing convergent optical system). The order confirming the injunction against STRABAG therefore remained enforceable. This is the German language version; an English translation exists (see finalorderuspensiveeffect EN.pdf). Note: the referenced case number in the parties section is UPC_CoA_70/2025 (Strabag appeal) and UPC_CoA_1/2025 (Chainzone appeal). |
| 2025-05-26 | UPC_CoA_1/2025 | Court of Appeal | — | Procedural | Injunction denied | The Court of Appeal denied the application by Chainzone Technology (Foshan) Co., Ltd. for suspensive effect of its appeal against the infringement order of the Vienna Local Division concerning EP 2 643 717 (colour-mixing convergent optical system / LED optics). Chainzone failed to demonstrate that the first-instance decision was manifestly erroneous. The enforcement of the injunction against STRABAG therefore continued. Key headnotes: application for suspensive effect must itself enable the respondent to prepare and the court to decide; suspensive effect requires manifest error in the impugned order; a company director is not an 'intermediary' under Art. 63 UPCA merely by reason of their directorship; security for enforcement under R.352.1 must be ordered at the time of the decision. This is the English translation of finalordersuspensiveeffect.DE_.pdf. |
| 2025-05-20 | UPC_APP_23094/2025 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | Court of Appeal order on CHINT's application for suspensive effect of a first-instance order and expedition of appeal proceedings. JingAo had obtained an order from Munich Local Division requiring CHINT (and five other defendants) to provide security for costs of EUR 200,000. CHINT appealed and sought suspension of the security obligation and expedited review. The order addresses the conditions for granting suspensive effect and expedited proceedings on appeal. |
| 2025-04-22 | UPC_APP_16448/2025 | Court of Appeal | Application Rop 265 | Procedural | Procedural only | Court of Appeal (Panel 1a) order on Amazon's appeal against a Munich Local Division order refusing Amazon's R. 190 RoP request for production of unredacted Nokia documents in infringement proceedings concerning EP 2 661 892. The appeal became moot (Erledigung der Hauptsache, R. 360 RoP) following a development in the main proceedings, and the Court issued a procedural order addressing costs in the now-resolved appeal. |
| 2025-04-22 | UPC_APP_16448/2025 | Court of Appeal | Application Rop 265 | Procedural | Dismissed | Court of Appeal dismissed Amazon's appeal against the Munich Local Division's refusal to disclose unredacted documents held by Nokia under Art.59 UPCA and R.190 RoP (evidence production). The appeal became devoid of purpose after the underlying infringement proceedings (UPC_CFI_399/2023) were declared closed following Nokia's withdrawal of the infringement action. The appeal was disposed of under R.360 RoP. |
| 2025-04-18 | UPC_APP_9095/2025 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | The Court of Appeal refused Meril's application for suspensive effect of their appeal against the Munich Local Division's infringement decision in favour of Edwards Lifesciences, meaning the first-instance judgment remained enforceable pending appeal. |
| 2025-04-18 | UPC_APP_13022/2025 | Court of Appeal | Generic application | Costs | Costs only | Order from the Court of Appeal (UPC_CoA_520/2024) on Scandit's application for 20% reimbursement of court fees under R. 370.11 RoP following the withdrawal of Hand Held Products' appeal against a preliminary injunction. The CoA had previously granted a PI at first instance against Scandit for indirect infringement of EP 3 866 051; Hand Held Products later withdrew its application for provisional measures and the appeal proceedings were declared closed. The Court decided on whether the withdrawal before closure of oral proceedings qualified for fee reimbursement. |
| 2025-04-18 | UPC_APP_13022/2025 | Court of Appeal | Generic application | Costs | Costs only | Application by Scandit AG for 20% reimbursement of court fees following withdrawal of Hand Held Products' provisional measures application was dismissed. The CoA held that the withdrawal of the provisional measures application occurred after the closure of oral proceedings (the oral hearing had already taken place), so the 20% reimbursement threshold under R.370.9(b)(iii) RoP was not met. The provisional measures proceedings had been declared closed after Hand Held withdrew the application. |
| 2025-04-03 | UPC_APP_13099/2025 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | Court of Appeal (standing judge Blok) order permitting EOFlow Co., Ltd.'s withdrawal of its application for leave to appeal against a Milan Central Division cost order and declaring the leave-to-appeal proceedings closed. EOFlow had sought leave to appeal against the dismissal of its cost application following Insulet's failed provisional measures request. Both parties agreed to the withdrawal and neither sought a costs decision for the leave-to-appeal proceedings. |
| 2025-03-31 | UPC_APP_12551/2025 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | The Court of Appeal allowed Hand Held Products to withdraw its application for provisional measures (pending appeal) after Scandit consented, terminated the appeal proceedings accordingly, and ordered each party to bear its own costs as no costs request was made by either side. |
| 2025-03-28 | UPC_CoA_170/2025 | Court of Appeal | Generic application | — | Procedural only | The Court of Appeal (standing judge) issued a procedural order partially granting Phoenix Contact GmbH & Co. KG's request for an extension of the 15-day deadline to file its response to ILME GmbH's appeal against the Munich Local Division's rejection of ILME's preliminary objection (R. 19 RoP). The extension was granted for 10 days (instead of the requested three weeks), balancing efficiency with Phoenix's need to respond to complex arguments. |
| 2025-03-24 | UPC_APP_13834/2025 | Court of Appeal | Generic application | Procedural | Procedural only | Court of Appeal refused Amazon's application for leave to file additional written submissions in the appeal proceedings. The Court confirmed that the written procedure in appeal is limited to the Statement of Grounds of Appeal and the Statement of Response; additional grounds outside the prescribed time limit are inadmissible under R. 233.3 RoP. |
| 2025-03-24 | UPC_APP_13834/2025 | Court of Appeal | Generic application | Procedural | Procedural only | German-language signed version of the Court of Appeal procedural order (24 March 2025) refusing Amazon's application for additional written submissions in the Nokia v. Amazon appeal proceedings concerning EP 2 661 892. |
| 2025-03-11 | UPC_APP_6818/2025 | Court of Appeal | Generic application | Costs | Costs only | The Court of Appeal ruled on multiple applications for refund of court fees related to three separate appeal proceedings between 10x Genomics/Harvard and Vizgen, determining the applicable court fee refund rules following the conclusion of those appeal proceedings. |
| 2025-03-11 | UPC_APP_6815/2025 | Court of Appeal | Generic application | Costs | Procedural only | The Court of Appeal issued an order granting 10x Genomics's applications for partial refund of court fees following withdrawal of three appeals (APL_59634/2024, APL_61301/2024, APL_26/2025) against Hamburg Local Division orders concerning EP 4 108 782 (10x v. Vizgen). Court fees were refunded at 60% (for the appeal withdrawn before close of written procedure) and 20% (for appeals withdrawn before close of oral procedure) pursuant to R. 370.9(b) RoP. |
| 2025-03-11 | UPC_APP_6812/2025 | Court of Appeal | Generic application | Costs | Procedural only | Court of Appeal order granting reimbursement of court fees to 10x Genomics and Harvard following withdrawal of three appeals against orders in the Hamburg Local Division proceedings against Vizgen (EP 4 108 782). 60% reimbursement granted for the appeal withdrawn before closure of written proceedings; 20% for each of the two appeals withdrawn before closure of oral proceedings. |
| 2025-03-05 | UPC_APP_6378/2025 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | The Court of Appeal granted 10x Genomics and Harvard College's requests to withdraw three pending appeals against discovery/document production orders issued by the Hamburg Local Division in the infringement proceedings against Vizgen Inc., with no costs order by agreement of both parties. |
| 2025-03-05 | UPC_APP_6377/2025 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | Order of the Court of Appeal permitting the withdrawal of three appeals (APL_59634/2024, APL_61301/2024, APL_26/2025) filed by 10x Genomics, Inc. and President and Fellows of Harvard College against orders of the Hamburg Local Division concerning security for costs in infringement proceedings against Vizgen, Inc. Both parties consented and waived costs decisions. The appeal proceedings were declared closed. |
| 2025-03-05 | UPC_APP_6376/2025 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | Order of the Court of Appeal (Panel 1a) granting three applications by 10x Genomics and President and Fellows of Harvard College for withdrawal of three pending appeals (UPC_CoA_654/2024, UPC_CoA_700/2024, and UPC_CoA_1/2025) against Hamburg Local Division orders in the infringement proceedings against Vizgen Inc. The three appeals had been filed in connection with various case management orders made by the Hamburg Local Division in the main UPC_CFI_22/2023 proceedings. All three appeals were permitted to be withdrawn. |
| 2025-02-24 | UPC_CoA_540/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | Court of Appeal rejected Biolitec's appeal against the Düsseldorf Local Division's refusal to grant a preliminary injunction. The CoA upheld the first-instance order, finding that Biolitec had not demonstrated the necessity of provisional measures: proceedings on the merits could be awaited; the status quo on the market had existed for years before the patent was granted; and Biolitec failed to demonstrate sufficient evidence of urgency regarding stocking or tender-related harm. Biolitec was ordered to bear the costs of the appeal proceedings. |
| 2025-02-24 | UPC_CoA_540/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | German-language signed version of the Court of Appeal order rejecting Biolitec's appeal in the provisional measures proceedings against Light Guide Optics and SIA LIGHTGUIDE International. Identical in substance to the English version: appeal rejected, Biolitec ordered to bear costs. The provisional injunction was denied because proceedings on the merits could be awaited and necessity was not demonstrated. |
| 2025-02-12 | APL_58177/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Court of Appeal Panel 1a order on the scope of confidentiality protection (R. 262A RoP) in proceedings by Daedalus Prime LLC (appellant/claimant) against Xiaomi entities, with MediaTek as intervener, concerning EP 2 792 100. The order addresses whether US attorneys (non-EU, non-UPCA Art. 48 representatives) may be granted full access to confidential information. The Court held that R. 262A.6 RoP does not require persons accessing confidential information to be employees or Art. 48 UPCA representatives; access depends on necessity and trustworthiness assessed case by case. |
| 2025-02-11 | UPC_CoA_563/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal rejected Suinno's appeal against a first-instance procedural order in the infringement action Suinno brought against Microsoft before the Paris Central Division. The appeal was rejected. |
| 2025-01-20 | ORD_3182/2025 | Court of Appeal | Generic Order | Procedural | Procedural only | The Court of Appeal issued a procedural order in the Amazon v Nokia proceedings (UPC_CoA_835/2024) on Amazon's application under R. 262.2 RoP for confidential treatment of parts of its appeal pleadings. The appeal relates to Amazon's challenge to an order of the Munich Local Division that denied disclosure of unredacted documents and information. The order governs which information in the appeal and statement of grounds may be designated confidential and restricted from public access. |
| 2025-01-20 | ORD_3182/2025 | Court of Appeal | Generic Order | Procedural | Procedural only | Court of Appeal procedural order on Amazon's application under R. 262.2 RoP, ordering confidentiality classification of information (including licence agreement contents, RAND negotiation details, and business model information) contained in Amazon's appeal in the Nokia v. Amazon proceedings concerning EP 2 661 892. |
| 2025-01-20 | UPC_APP_68644/2024 | Court of Appeal | Application RoP262A | Procedural | Procedural only | Court of Appeal granted Amazon's application under R. 262A RoP, ordering restricted access to confidential information (identity of licensees and content of Nokia's licence agreements) contained in Amazon's appeal and Statement of Grounds of Appeal in the Nokia v. Amazon proceedings concerning EP 2 661 892. |
| 2025-01-20 | UPC_CoA_835/2024 | Court of Appeal | Application RoP262A | — | Procedural only | Procedural order of the Court of Appeal dated 20 January 2025 on Amazon's R. 262A RoP application for confidentiality protection regarding Nokia's licensing and licence-agreement information disclosed in infringement proceedings (Nokia v. Amazon, UPC_CFI_399/2023). The CoA granted Amazon's request for confidentiality, ordering that certain grey-highlighted passages and 'strictly confidential' annexes regarding Nokia's licensee identities and licence agreement terms be restricted in access to designated persons only, beyond the CFI's existing classification. |
| 2025-01-15 | UPC_APP_68614/2024 | Court of Appeal | Generic application | Procedural | Withdrawn | The Court of Appeal allowed Avago's withdrawal of its infringement appeal and Tesla's withdrawal of the counterclaims for revocation following a settlement, ordered 60% reimbursement of court fees, and declared all three appeal proceedings closed. |
| 2025-01-15 | UPC_APP_66724/2024 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | Decision of the Court of Appeal (Panel 1) permitting withdrawal of Avago's appeal and counterclaim for revocation against a Hamburg Local Division decision in which the infringement action had been dismissed and the patent partially revoked. The Court of Appeal granted leave for withdrawal under Rule 265 RoP in appeal proceedings, holding that withdrawal is possible until the final decision becomes legally binding. As a consequence of the withdrawal of the revocation counterclaim, the pending requests to amend the patent became moot. The court also addressed reimbursement of court fees following the withdrawal. |
| 2025-01-08 | UPC_APP_67902/2024 | Court of Appeal | Application Rop313 | Procedural | Procedural only | The Court of Appeal allowed MediaTek Inc.'s application to intervene as a party in the appeal proceedings (Daedalus Prime LLC v. Xiaomi) concerning an order restricting access to confidential information, and instructed MediaTek and Xiaomi to coordinate their submissions for the oral hearing. |
| 2024-12-20 | APL_40470/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | The Court of Appeal dismissed Alexion's appeal against the Hamburg Local Division's refusal to grant provisional measures against Samsung Bioepis regarding patent EP 3167888. The Court addressed the interpretation of patent claims containing linguistic errors and the relevance of prosecution history. |
| 2024-12-19 | UPC_CoA_523/2024 | Court of Appeal | Procedural Order | Procedural | Procedural only | The Court of Appeal (Second Panel) ruled on admission of new evidence in the appeal by Sumi Agro against the Munich Local Division's provisional measures order in favour of Syngenta concerning EP 2 152 073. Exhibit SA17 (new pages from a publication already partly submitted at first instance) was disregarded as Sumi Agro failed to justify why these additional pages could not have been submitted earlier. Syngenta's Exhibits FF28-29 were also disregarded. However, Syngenta's Exhibits FF24-27 (concerning a possibly changed version of the contested Kagura product) were admitted, as they related to new evidence about a product modification. |
| 2024-12-10 | UPC_CoA_470/2023 | Court of Appeal | Appeal RoP220.2 | — | outcomeName.other | Order of the Court of Appeal dated 10 December 2024 setting aside the CFI order imposing penalty payments (Zwangsgelder) on NanoString for alleged violations of a preliminary injunction that had been previously revoked by the CoA. The CoA held that the revocation of a preliminary injunction under Art. 75(1) UPCA and R. 242.1 RoP is retroactive — the revoked order is treated as having never had legal effect. Consequently, any subsequent order imposing penalties based on the revoked injunction also lacks legal basis, even if it concerns alleged violations before the revocation. The CFI penalty order was set aside, 10x Genomics' applications were dismissed, 10x was ordered to bear all costs, and NanoString's payment made in compliance with the penalty order was to be reimbursed. |
| 2024-12-10 | UPC_CoA_470/2023 | Court of Appeal | Appeal RoP220.2 | — | outcomeName.other | The Court of Appeal revoked the Munich Local Division's order imposing penalty payments on NanoString for breach of a provisional injunction regarding EP 4 108 782, and rejected 10x's requests. The Court held that the Court of Appeal's earlier revocation (26 February 2024) of the provisional injunction order of 19 September 2023 had retroactive effect, meaning that the order was void ab initio and therefore could not serve as a valid legal basis for any penalty order, even for alleged breaches prior to the revocation. 10x was ordered to bear the costs of both instances and to reimburse the amount paid by NanoString. |
| 2024-11-21 | APL_44633/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Decision by the Court of Appeal (UPC_CoA_456/2024, 21 November 2024) dismissing OrthoApnea's appeal against a first-instance order permitting the claimant to raise a doctrine-of-equivalents argument. The CoA held: not every new argument is an amendment of the case requiring leave under R. 263 RoP; raising the doctrine of equivalents does not change the nature or scope of the infringement dispute when the same patent and product remain at issue; admissibility of new arguments depends on circumstances and procedural fairness. |
| 2024-11-21 | APL_44633/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal declared the appeal against the primary first-instance order inadmissible and rejected the appeal against the review order. The CoA clarified the rules on amendment of a case versus new arguments: not every new argument constitutes an amendment of case requiring leave under R.263 RoP; the nature or scope of the dispute must change. The anonymised respondent's claims relating to admissibility of new arguments were assessed. The case involves a patent infringement action before a Dutch-language division. |
| 2024-10-04 | UPC_CoA_2/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Costs only | Order from the Court of Appeal dated 4 October 2024 on costs following Meril's submission of an undertaking (Unterlassungs- und Verpflichtungserklärung) to Edwards Lifesciences, which resulted in dismissal of the preliminary injunction action. The CoA held that, where a defendant undertakes to comply with the claimant's requests after proceedings have commenced, the claimant is generally to be regarded as the prevailing party under Art. 69(1) UPCA, without any need to examine the merits at the time of the undertaking. The undertaking itself implies that the claimant's requests were satisfied. Accordingly, Meril was ordered to bear the costs of proceedings. |
| 2024-10-04 | UPC_CoA_2/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Costs only | The Court of Appeal dismissed Meril's appeal against the Munich Local Division's costs order following a cease-and-desist undertaking by Meril. The Court held that Edwards was the successful party because Meril's cease-and-desist undertaking fulfilled the substance of Edwards' requests after proceedings commenced. Where a defendant gives a cease-and-desist undertaking during proceedings, the claimant is generally the successful party for costs purposes, and there is no need to examine admissibility and merits at the time of the undertaking. |
| 2024-09-17 | APL_26889/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Court of Appeal ordered the stay of UPC revocation proceedings (UPC_CFI_484/2023) in Mala Technologies Ltd. v Nokia Technology GmbH concerning EP 2 044 709 (German part only), pending the outcome of parallel German Federal Patent Court/BGH revocation proceedings initiated by Nokia Solutions. Applying Art. 30 Brussels I recast Regulation, the court found that the causes of action in both proceedings are almost identical, the parties closely related, and the German proceedings at a more advanced stage. Mala's request for stay was upheld, and Nokia Technology's auxiliary request to limit the stay to the German part was rejected as moot. |
| 2024-09-06 | APL_47300/2024 | Court of Appeal | Request for a discretionary review (RoP 220.3) | motionName.appeal_decision | Dismissed | The Court of Appeal rejected Motorola's request for a discretionary review of a Munich Local Division order that had denied leave to change its claim, finding that Motorola had not demonstrated that review was necessary to ensure consistent application and interpretation of the Rules of Procedure. |
| 2024-09-06 | UPC_APP_45041/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal issued a procedural order in related appeals by Meril entities against Edwards Lifesciences, consolidating multiple appeals and addressing case management for the parallel infringement and counterclaim for revocation proceedings before the Central Division Paris. |
| 2024-09-06 | UPC_APP_45044/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal rejected Meril's requests to expedite three appeals (concerning revocation of EP 3 646 825) at Edwards Lifesciences' expense, finding that the potential risk of an injunction being granted in pending infringement proceedings did not justify expedition. |
| 2024-09-05 | APL_12739/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal (5 September 2024) dismissed Advanced Bionics' appeal against the CFI's refusal to transfer their infringement case to the Central Division. The CoA confirmed that joinder under R. 340 RoP cannot result in transfer to a different chamber outside Art. 33 UPCA, and that Art. 33(5) UPCA does not allow transfer of an infringement action to the Central Division without the consent of both parties. |
| 2024-09-05 | APL_24598/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Dismissed | Court of Appeal (5 September 2024) dismissed Advanced Bionics' appeal against the CFI's refusal to change the language of proceedings from German to English (the patent language). The CoA confirmed that the domicile of parties in a German-speaking country was a decisive factor against granting a language change, and clarified that Art. 49(5) UPCA does not require the language change request to be included in the statement of defence. |
| 2024-09-05 | UPC_CoA_207/2024 | Court of Appeal | Appeal RoP220.1 | — | Dismissed | The Court of Appeal dismissed Advanced Bionics' appeal against the President of the Court of First Instance's refusal to change the language of proceedings from English (language of the patent) to German in the infringement action before the Mannheim Local Division. The Court held that the parties' domicile in countries where the language chosen by the claimant is an official language is an important factor weighing against a language change. The application was not required to be included in the Statement of Defence (Art. 49(5) UPCA; R. 323.3 RoP). |
| 2024-09-05 | UPC_CoA_106/2024 | Court of Appeal | Appeal RoP220.2 | — | Dismissed | The Court of Appeal dismissed Advanced Bionics' appeal against the Mannheim Local Division's order refusing to refer the infringement action to the Central Division via a connection joinder (R. 340 RoP). The Court held that a connection joinder under R. 340 RoP cannot result in referral to another division beyond the possibilities provided in Art. 33 UPCA, and Art. 33 UPCA does not permit referral of an infringement action from a local division to the central division without the agreement of the parties. |
| 2024-09-03 | UPC_CoA_188/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | Order of the Court of Appeal dated 3 September 2024 on AYLO entities' appeal against the Mannheim Local Division's rejection of their preliminary objections in infringement proceedings brought by DISH Technologies and Sling TV regarding EP 2 479 956. The CoA dismissed AYLO's appeal and upheld the CFI's rulings on: (1) international jurisdiction of the UPC (Art. 7(2) Brussels I in conjunction with Art. 71b(1)) – jurisdiction exists if the patent has effect in at least one Contracting Member State and alleged internet-accessible services can cause damage there; (2) competence of the Mannheim Local Division; (3) rejection of the parallel national proceedings argument under Art. 30(2) Brussels I; and (4) confirmation that the list of preliminary objections under R. 19.1 RoP is exhaustive – abuse of process and manifest inadmissibility are not recognised as unwritten preliminary objections. |
| 2024-09-03 | UPC_CoA_188/2024 | Court of Appeal | Appeal RoP220.2 | — | Dismissed | The Court of Appeal dismissed AYLO's appeal against the Munich Local Division's rejection of AYLO's preliminary objection challenging UPC jurisdiction and competence. The Court of Appeal upheld UPC jurisdiction under Art. 7(2) Brussels I recast and Art. 71b(1) in conjunction with Art. 33(1)(a) UPCA, holding that jurisdiction exists where a European patent has effect in at least one Contracting Member State and alleged damage may occur there (including via internet access). The list of preliminary objections in R. 19.1 RoP is exhaustive; defences based on abusive procedural conduct and manifest lack of foundation are not admissible as preliminary objections. |