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UPC – Sidel Participations v. Omnia Technologies / Appeal

28 Sep 2026

Sidel Participations SAS v. Omnia Technologies S.P.A., ACMI Labelling S.R.L., ACMI S.P.A., UPC Court of Appeal, 21 September 2026, Case no. UPC-CoA-90/2026

Appeal against an Order rejecting a preliminary objection

Headnote

The question whether an action for a declaration of non-infringement of a patent can be filed before its grant is not a question of competence of the Unified Patent Court but is a question of admissibility of the instituted claims.

A copy of the Order can be read here.