Key takeaways
A preliminary objection may relate to a part of an
infringement action only
Defendants' objection to the UPC's jurisdiction over
acts commited prior to the start of the UPC is admissible.
Possible UPC jurisdiction on infringing actions solely
occurred before June 1, 2023
Defendant states in its preliminary objection that one attacked
embodiment was only produced and sold before June 1, 2023, before
the start of the UPC, and therefore the UPC should have no
jurisdiction as there is no retroactive effect of the UPC
competence.
In the preliminary opinion of the judge rapporteur, the UPC is
competent despite the Defendant's statement. According to Art.
32(1)(a) UPCA, in connection with Art. 2(g) and Art. 3(c) UPCA, the
UPC has exclusive competence over claims for actual or threatened
infringement of a European patent that has not yet lapsed at the
time of entry into force of the UPCA. Consequently, the UPC´s
competence covers also infringing
