UPC CFI, LD Munich, 10 february 2025: UPC has jurisdiction regarding European patent for acts of use before the UPCA entered into force

Preliminary objection admissible, but unfounded (R. 19 RoP). 

The UPC's has jurisdiction relating to a European patent that has not yet lapsed at the time of entry into force of the UPCA pursuant to Art. 32(1)(a) UPCA, Art. 2g), Art. 3c) UPCA and covers infringement actions to the extent that they are based on acts of use which are alleged to have taken place before the UPCA entered into force and/or in the period between an opt-out and the withdrawal thereof (Article 84 UPCA). 

Jurisdiction and applicable law are separate aspects that must be assessed separately. It cannot be concluded from the UPC's jurisdiction that the UPCA always applies to every case to be decided, nor is the applicable law decisive for the UPC's jurisdiction (Article 24 UPCA, Article 32 UPCA).

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