The UPC Court of Appeal yesterday decided in a landmark decision that the Court’s competence (or jurisdiction) includes a separate action for determination of damages after a court of a Contracting Member State has established the existence of an infringement of a European patent and an obligation in principle for the infringer to pay damages. It added that the Court has jurisdiction to decide on acts of infringement committed before the entry into force of the UPCA on 1 June 2023, as long as the European patent invoked has not yet lapsed at that date.

The Court set aside the decision of the Local Division Hamburg, 17 November 2023, UPC_CFI_274/2023, and referred the action back to the Hamburg Local Division.

More information: https://lnkd.in/ej9pRGw6