2024-12-18 - LD Hamburg - Visibly v. Easee et al. - UPC_CFI_525/2024
- Aktenzeichen:
- UPC_CFI_525/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Application Decision
- Parteien:
- Visibly Inc. v. Easee, Yves Prevoo
Kernaussage: 1.
2024-12-18 - LD Hamburg - Visibly
v.
Easee et al. - UPC_CFI_525/2024
1. An alleged patent infringement is a matter of tort, delict or quasi-delict in the meaning of Art. 7 sub (2) of the Brussels I recast Regulation. Thus, the UPC has jurisdiction also for claims based on personal (director) liability with regards to an alleged infringement of a European patent under Article 32 UPCA.
2. Whether the director of a company can be successfully sued before the UPC and held liable for the infringement of a patent is a liable is a question of the merits of the case which is not subject to the determination of jurisdiction and competence.
The Hamburg Local Division dismissed a preliminary objection which claimed the UPC had no jurisdiction regarding director's liability. The Court stated that it did indeed have jurisdiction under Art. 7 Brussels I recast. The actual liability was a question for the merits of the case, not the preliminary objection.
Stichwörter
Art. 32(1)(a) UPCA, Art. 33 (1) (a) UPCA, Jurisdiction, Rule 19 RoP, preliminary objection