Germany: International Courts & Tribunals

The UPC Court of Appeal has issued its first comprehensive guidance on handling infringement claims based on non-UPC patent designations, establishing a structured framework for exercising extra-territorial jurisdiction. This landmark decision clarifies when the UPC will accept jurisdiction over foreign patent designations and under what conditions it will rule on infringement, with significant implications for patent holders and multinational defendants operating across European borders.

The Munich Local Division of the Unified Patent Court addressed critical procedural questions in provisional measures proceedings, examining how prior knowledge of infringement allegations from parallel litigation in other jurisdictions affects the timeline for preparing objections. The court's decision establishes important precedents for balancing swift relief against the fundamental rights of respondents in cross-border patent disputes.

The Local Division Düsseldorf issued a procedural order addressing service of a statement of claim under The Hague Convention when Chinese authorities indicate a defendant refuses to accept documents. The order clarifies whether such refusal constitutes sufficient service and examines the application of Rule 275.2 RoP for immediate service without requiring alternative methods under Rule 275.1 RoP.