2025-03-17 - LD Hamburg - Daedalus Prime v. Xiaomi et al. - UPC_CFI_169/2024
- Aktenzeichen:
- UPC_CFI_169/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Application Decision
- Parteien:
- Daedalus Prime LLC v. Xiaomi, MediaTek Inc.
Kernaussage: 1.
2025-03-17 - LD Hamburg - Daedalus Prime
v.
Xiaomi et al. - UPC_CFI_169/2024
1. According to Art. 31 UPCA in conjunction with Brussels-Ia-Regulation the UPC has international jurisdiction where the courts of a Contracting Member State would have jurisdiction under the Brussels-Ia-Regulation.
2. According to Art. 71b (2) Brussels-Ia-Regulation in conjunction with Art. 7(2) Brussels-Ia-Regulation the UPC has international jurisdiction, regardless of the Defendant's place of residence, for all patent infringements committed in a UPC Member State.
The Hamburg Local Division dismissed a preliminary objection and assumed its international jurisdiction regardless of whether the Defendants' place of residence. The Court went into detail regarding the current case law on jurisdiction and applied the Brussels-Ia-Regulation. The Court further stated that the question of whether one of the Defendants was also liable for the alleged infringement was not an issue for the preliminary objection.
Stichwörter
Art. 31 UPCA, Art. 71b (2) Brussels-Ia-Regulation, Art. 7(2) Brussels-Ia-Regulation, International Jurisdiction, Rule 19 RoP, Preliminary Objection