Territorial Scope of Injunction

The claimant requests that the defendant cease infringement not only in the territory of France, but also in Germany, the Netherlands, and the United Kingdom. The claimant relies on official reports from the judicial commissioner regarding purchases made via the defendant's website, through which it should be possible to order the infringing chips throughout Europe. However, the claimant only made one purchase, which was delivered to France. According to the court, the excerpts from the defendant's website presented by the claimant show that the website indicates a segmentation of the sales territories. The defendant therefore only sells in France. Even if the defendant belongs to a European group, the claimant has decided to proceed only against the French entity of the defendant, and this entity cannot bear the actions of the entire group alone. The claimant does not provide any evidence that the defendant sells the specific chips in other UPCA Member States in which the patent in dispute is legally valid, such as in Germany or the Netherlands. With regard to the United Kingdom, an action concerning infringing acts committed in the territory of a third country of the EU in which the relevant patent is legally valid may be admissible before the UPC (CJEU 25. 2. 2025, C-339/22, BSH Hausgeräte), but the claimant must present precise facts about the existence of such infringing acts by the defendant, which has not been done. In view of this, the prohibition and the other requested remedies in this case are therefore limited to the French territory (LK Paris 24. 4. 2025, CFI 440/2023).