AIM Sport Development AG v. Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL, Order of the Court of Appeal of the Unified Patent Court, 12 November 2024 concerning the jurisdiction of the Unified Patent Court (Art. 83 UPCA), UPC_CoA_489/2023, UPC_CoA_500/2023
The UPC Court of Appeal has clarified today that a withdrawal of an opt-out is possible for actions that were brought prior to the transitional period, whether still pending or not:
“The Court of Appeal concludes that Art. 83(4) UPCA must be understood to mean that an earlier opt-out cannot effectively be withdrawn if an action has been brought before the national court at any time during the transitional period. Proceedings that were brought prior to the transitional period, whether still pending or not, do not stand in the way of an effective withdrawal of an opt-out. The Court of First Instance therefore was wrong to consider the withdrawal of the opt-out of the patent at issue ineffective and wrongly dismissed actions ACT_545571/2023 and ACT_551054/2023 for lack of its competence to hear the actions.”
The Order can be read here.
