LD Hamburg, August 25, 2025, Final Order, UPC_CFI_688/2025

1. Key takeaways

Representation and service

A lawyer authorised to represent a party in a proceeding on provisional measures is not automatically authorised to represent the same party in a subsequent infringement action
concerning the same patent, even if there is a link between the two proceedings (cf. e.g. Article 32.2 UPCA and Rule 213 RoP). Hence, the defendant's representative in the proceedings on provisional measures is not automatically authorised to accept service of a statement of claim in a subsequent infringement action. When the defendant has its statutory seat, central administration and principal place of business outside the territory of the contracting member states of the UPCA, service shall normally be done in accordance with Rule 274 RoP.