UPC Local Division: Jurisdiction in Case of Multiple Defendants

Article 33(1)(b) UPCA allows for suing several defendants at the domicile, principal place of business, or – if none exists – at the establishment of one of the defendants, provided that there is a business relationship between the defendants and the claimant is affected by the same alleged infringement. In the context of a European patent without unitary effect, the term "the same infringement" refers to situations in which several defendants are accused of having infringed the respective national designations of the same European patent by the same product or process. A different interpretation would undermine the purpose of the UPCA to overcome the fragmentation of patent litigation in Europe (LK München 4. 4. 2025, CFI 501/2023).