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ARTICLE · 16 APRIL 2026

LD Hamburg, April 7, 2026, Final Order, UPC_CFI_2255/2025

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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Dyson Technology Limited has filed an application for provisional measures at the UPC Hamburg against multiple Dreame entities and distributors, involving European Patent 3,119,235. The case raises questions about jurisdiction under the Brussels I recast regulation and the interplay between UPC procedural rules and EU regulations in cross-border patent disputes.

GermanyIntellectual Property
Tomasz Klama
Tomasz Klama
Fabian Laude
Fabian Laude
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1. Key takeaways

Universal jurisdiction doctrine consolidated

The panel — departing from its own earlier position in Dyson/Dreame I (UPC_CFI_387/2025) and following the Court of Appeal’s ruling (UPC_CoA_789/2025 and UPC_CoA_813/2025) — held that the UPC is a court of a member state within the meaning of Art. 71a BR. Its territory encompasses all Contracting Member States. Consequently, the UPC possesses universal jurisdiction under Art. 4 BR over any defendant domiciled in any UPCA Contracting Member State. This applied to Defendants 2 (Sweden), 3 (Netherlands), and 4 (Germany) without further analysis of the place of infringement.

Limits of anchor defendant mechanism (Art. 8 BR)

Foreseeability is a critical unwritten requirement of Art. 8 (1) BR. The fact that actions are brought against several defendants bsed on different grounds does not preclude the application of Art. 8 (1) BR but it must be foreseeable for the defendants that they could be sued in a Member State. A

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