2025-02-10 - LD Munich - Esko-Graphics v. XSYS - UPC_CFI_483/2024
- Aktenzeichen:
- UPC_CFI_483/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- XSYS v. Esko-Graphics
Kernaussage: 1.
2025-02-10 - LD Munich - Esko-Graphics
v.
XSYS - UPC_CFI_483/2024
1. The UPC's jurisdiction pursuant to Art. 32(1)(a) UPCA, Art. 2(g), Art. 3(c) UPCA also covers infringement actions to the extent that they are based on acts of use which are alleged to have taken place before the UPCA entered into force and/or in the period between an opt-out and the withdrawal thereof.
2. Jurisdiction and applicable law are separate aspects that must be assessed separately. It cannot be concluded from the UPC's jurisdiction that the UPCA always applies to every case to be decided, nor is the applicable law decisive for the UPC's jurisdiction.
The Munich Local Division dismissed a preliminary objection - which it deemed admissible -, confirming that the UPC had jurisdiction over infringement proceedings based on patents that were valid on 1 June 2023, even regarding the time before the UPC's entry into force. The court clarified that the question of jurisdiction had to be decided independently of the question of the applicable law.
This is a parallel decision to the one published in ILME v. Phoenix Contact on the same day, but in English.
Stichwörter
Applicable Law, Preliminary Objection, Entry into force UPCA, Jurisdiction, Competence