SONN Patentanwälte – IP Attorneys

1. UPC Local Division: Competence (Multiple Defendants)

   The defendants argue that only the second defendant among the seven defendants performed acts in Germany, and therefore the Local Division Düsseldorf would lack competence with respect to the other defendants. However, under Article 33(1)(b) of the UPCA, the Local Division Düsseldorf also has competence...

2. UPC Board of Appeal: International Jurisdiction

   Article 7(2), in conjunction with Article 71b(1) of the Brussels Ia Regulation, must be interpreted to mean that the Unified Patent Court has international competence over an infringement action if the European patent asserted by the claimant is effective in at least one Contracting Member State...

3. UPC Board of Appeal: Territorial Scope of Preliminary Injunction

   The Local Division The Hague partially granted an injunction. The applicant (in first instance) had argued that the patent was valid and in force in the Member States of the Agreement on a Unified Patent Court (Germany, France, the Netherlands, and also Ireland). The Local Division The Hague interpreted...

4. UPC decision: Competence Central Division vs Local Division

   Article 33.4 Agreement on a Unified Patent Court: The requesting party and defendant in the main proceedings is requesting at the central division that the revocation action be rejected as inadmissible, since the requesting party has brought an infringement action to the Munich...

5. UPC decision: Competence Central Division

   Rule 17.3 of the Rules of Procedure of the Unified Patent Court: If the action involves a patent having more than one classification, the Registry assigns the action in accordance with Rule 345.3 Rules of Procedure to the panel at the seat or the section appropriate to the first...