UPC CFI, LD Paris, 30 October 2025 : Preliminary objection on jurisdiction and competence rejected.
22-04-2026 Print this pageIPPT20251030, UPC CFI LD Paris, Sun Patent v Vivo
Preliminary objection on jurisdiction and competence rejected. (Article. 32(1)(a) UPCA , Article 33 UPCA, Rule 19 RoP).
UPC has jurisdiction to hear the main infringement claim, including a claim for an injunction. (Article 32 (1 (a) UPCA).
The main issue of infringement of an essential patent is undoubtedly linked to the incidental question of the FRAND offer, as a condition dependent on the main issue.
The FRAND issue can be dealt with incidentally by the UPC according to consistent UPC CFI caselaw .
Internal competence of first instance court (Article 33(1)(a) UPCA).
The purchase and delivery of an allegedly infringing product via a French website establishing a link to France, is sufficient to establish competence.
