Nokia Technology GmbH v Mala Technologies Ltd – The Battle Continues

In an ongoing revocation action brought by Nokia Technology GmbH against Mala Technologies Ltd., a preliminary objection filed by Mala Technologies required the Unified Patent Court (UPC) to examine its relationship with the national Courts of member states. As previously reported, on 2 May 2024 the Court of First Instance ruled that Article 71c(2) of the Brussels I Regulation (recast) specifically addressed the transitional period (as defined by Article 83 UPCA) and applied Articles 29 to 32 only to proceedings initiated in both the UPC and a court of a Member State party to the UPCA during this period. Consequently, the UPC rejected the preliminary objection filed by Mala Technologies which sought to have the revocation action declared inadmissible based on the prior German proceedings. An explanation of the legislative background and analysis of the Court of First Instance's decision can be found here.