UPC CoA, 22 June 2026, Robert Bosch v Valeo: requirements of "commercial relationship" between multiple defendants and "same alleged patent"
01-07-2026 Print this page
Appeal of dismissal of preliminary objection rejected (R. 19 RoP).
Competence regarding multiple defendants (Article 33(1)(b) UPCA).
“Commercial relationship” requires the existence of relations between the defendants concerning commercial activities relating to the product or range of products alleged to have been infringed, such as research and development, manufacture, sale and distribution of those products.
Belonging to the same group of companies may constitute such a commercial link [...].
The commercial link may be direct or indirect. It may exist through other companies within the same group of companies or even through third-party intermediaries, provided that all the defendants are pursuing the same objective and that the activities in question relate to the product or range of products alleged to be infringed. In this respect, it is not necessary, in order to establish the existence of a commercial link, for the defendants to be part of the same supply chain or for the anchor defendant to be involved in the various supply chains.
“The same alleged infringement”:
to satisfy this condition, the acts alleged to constitute infringement must relate to the same patent and to the same product or the same range of products, provided that, on the basis of a summary assessment at the stage of examining a preliminary objection, the products at issue appear to be substantially the same, irrespective of their trade name and without it being necessary to establish that these products are marketed through the same supply and distribution channels.
