Jurisdiction(s):
United Kingdom

UPC confirms long-arm jurisdiction over UK, Swiss and Spanish EP designations: single UPC claim, national invalidity and enforcement, rising defence costs and possible anti-suit tactics

Published on: 01 April 2025

Published by a Law360 reporter

Legal News

Article summary

On 21 March 2025, the Paris Local Division rejected Mul-T-Lock France’s argument that permitting competitor IMC Créations to bring infringement actions for the UK, Spanish and Swiss designations of a European patent would create a ‘significant imbalance’ between the sides. Through this ruling, the court affirmed its long-arm jurisdiction to address infringement occurring beyond the EU where the defendant is established within the EU, enabling rights-holders to advance multi-jurisdictional infringement proceedings via a single claim. Bardehle Pagenberg LLP partner Tilman Müller-Stoy observed that this sets up a structurally asymmetric scenario, effectively compelling the alleged infringer to defend on numerous fronts with several national revocation actions.

The decision concludes a run of 2025 judgments on European courts’ reach in patent matters. In January 2025, the UPC first signalled it could hear accusations that German subsidiaries of Kodak infringed patents in the UK, since the relevant defendant was EU-based. Just a month later,...

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