UPC Exerts Long Arm Jurisdiction by Ruling on Infringement in UK

In a landmark decision, the Unified Patent Court has ruled that it has jurisdiction over infringement actions concerning the UK part of a European patent, at least when the defendant is domiciled in a Contracting Member State. The Court held that this is true even if the defendant raises a counterclaim for revocation in respect of the parts of the European patent concerning Contracting Member States.

The dispute relates to an infringement action for the German and UK parts of a European patent, and a counterclaim for revocation of the German part. Given that the defendants in this case are domiciled in a Contracting Member State (Germany), the Court found that it was competent to rule on the infringement action based on the principles of Article 4(1) Brussels Ibis Regulation and Article 31 UPCA, even for non-EU states like the UK.  The Court also held that the exclusive jurisdiction exception set out in Article 24(4) Brussels Ibis Regulation does not apply to the UPC’s jurisdiction over infringement proceedings. The decision is considered in further detail in our briefing.