UPC CFI, LD Munich, 5 February 2025: No jurisdiction regarding counterclaim that is brought twice before the same division

A preliminary objection can also be raised with regard to a counterclaim for revocation (R. 19 RoP). Since a preliminary objection is allowed for a revocation claim under R. 48 RoP, there is no good reason why the same cannot be true for a counterclaim for revocation. 

No jurisdiction for the counterclaim which is brought twice before the same division. Art. 33 (2) UPCA must be interpreted in such a way that this provision is not only applicable if an action between the same parties on the same patent is brought before several different divisions, but equally if an action between the same parties on the same patent is brought twice before the same division.

IPPT20250205, UPC LD Munich, Ericsson v Motorola