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UPC – Fives v. REEL – Jurisdiction for determination of damages / Appeal

17 Jan 2025

Fives ECL, SAS v. REEL GmbH, UPC Court of Appeal, 16 January 2025, Case no. UPC_CoA_30/2024

HEADNOTES:
– The Court’s competence (or jurisdiction) includes a separate action for determination of damages after a court of a Contracting Member State has established the existence of an infringement of a European patent and an obligation in principle for the infringer to pay damages.

– The Court has jurisdiction to decide on acts of infringement committed before the entry into force of the UPCA on 1 June 2023, as long as the European patent invoked has not yet lapsed at that date.

A copy of the judgment can be read here.