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ARTICLE · 24 AUGUST 2026

CoA, August 17, 2026, UPC_CoA 365/2025 & UPC_CoA 367/2025

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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The Court of Appeal examines procedural and substantive issues arising from parallel infringement and revocation proceedings involving European Patent EP 3 356 109, with jurisdictional implications across multiple European states. The case involves complex questions of court procedure, patent validity challenges, and the application of the Unified Patent Court Agreement provisions.

GermanyLitigation, Mediation & Arbitration
Max Niklas Weiler
Max Niklas Weiler
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1 Key takeaways

Jurisdiction does not depend on whether the UPCA governs the merits

  • Knaus Tabbert argued the UPC had no power to decide on acts before 1 June 2023. It pointed to an old opt-out that had been withdrawn, and to caravan sales that spanned both sides of that date. The Court disagreed.
  • The Court must be able to check its own jurisdiction first, without looking at the merits of the case. Jurisdiction and applicable law are two separate questions.
  • Defendants cannot escape the UPC by arguing that older national law governs their conduct. That argument may lower damages, but it will not get a case dismissed.

UPCA remedies do not apply retroactively to conduct that already ended before 1 June 2023

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