UPC Local Division: Jurisdiction Main Proceedings

At the time the action was brought before the Munich Local Division, proceedings for the issuance of interim measures were pending between the same parties regarding the same patent before the Court of Appeal (the application was brought before the Düsseldorf Local Division). According to the UPCA and the RoP, actions can be pending simultaneously – i.e., in parallel – before several divisions of the Court of First Instance (R 76.2 RoP). With regard to the chain of instances, however, a case is pending either before the Court of First Instance or before the Court of Appeal, as shown, for example, by R 346.1 RoP. The case can therefore not be pending in the first instance and in the appeal instance at the same time. Consequently, a case is not "pending before a division of the Court of First Instance" if it is pending in the appeal instance. It is pending in the appeal instance if the appeal has been filed there. The action for the issuance of interim measures was already pending before the Court of Appeal at the time the action was brought by the Munich Local Division. Consequently, at that time no action was pending between the same parties regarding the same patent before another division of the Court of First Instance. Since the Düsseldorf Local Division was no longer seized with the action for the issuance of interim measures since the appeal was filed, there is nothing to prevent the Munich Local Division from dealing with the filed infringement action (LK München 12. 2. 2025, CFI 714/2024).