UPC Local Division: Preliminary Objection

Questions of fact and law that are relevant both for jurisdiction under the UPCA in relation to the national courts of the Member States and for the merits of the action are generally not to be decided in the procedure on preliminary objections, but are to be reserved for the substantive proceedings. Accordingly, the alleged lack of material ownership of the right to the patent in dispute on the part of the claimant – which, if it were true, would render both the infringement action unfounded and a withdrawal of the opt-out ineffective – is not the subject of an admissible preliminary objection (LK Mannheim 4. 4. 2025, CFI 750/2024).