UPC CFI, LD Mannheim, 18 July 2025: Infringement action dismissed for lack of patentability of UK part of European bundle patent
12-08-2025 Print this page
Infringement action dismissed for lack of patentability of UK part of European bundle patent (Article 25 UPCA, Article 65 UPCA).
Reference is made to the decision of 2 April 2025.
Infringement action exclusively governed by procedural law of the forum, in accordance with fundamental principles of international procedural law.
Cross border jurisdiction UPC (Article 4 Brussels I Regulation, Article 24(4) Brussels I Regulation).
UPC as court of the domicile of defendant does have jurisdiction to rule on an infringement action based on a patent granted or validated in a NON-EU member state even if the invalidity of this patent is raised as a defence. Inter partes effect only of validity findings: there is no jurisdiction for a defence which seeks to affect the existence or content of that patent in that third state, or to cause its national register to be amended
