- within Transport topic(s)
1. Key takeaways
The Statement of claim must already set out the facts and legal arguments establishing the UPC’s jurisdiction.
The Court of Appeal makes clear that, as a rule, the claimant must already set out in the Statement of claim the facts and legal arguments necessary to establish the UPC’s jurisdiction. That applies especially where the claimant seeks to extend the case beyond UPC territory and relies on Article 71b(3) Brussels Ia. Later-filed exhibits cannot cure an insufficient pleading on jurisdiction.
Article 7(2) Brussels Ia does not extend UPC jurisdiction beyond UPC territory
The Court of Appeal held that where the UPC’s international jurisdiction is based on Article 7(2) Brussels Ia as the court of the place where the damage occurred or may occur, that jurisdiction is limited to damage within UPC territory. The Paris Local Division therefore erred in using Article 7(2) to uphold jurisdiction for alleged infringements in Switzerland, Spain, the UK, Ireland, Norway and Poland.
Article 71b(3) Brussels Ia remained unproven, and French national jurisdiction rules do not help before the UPC
The Court left open the broader substantive reach of Article 71b(3), but held that Keeex had in any event failed to plead the necessary facts, including the presence of assets of sufficient value within UPC territory connected to the dispute. The Court also expressly held that the UPC, as a common court, cannot rely on Article 14 of the French Civil Code. On that basis, the Court of Appeal set aside the first-instance order insofar as it had accepted jurisdiction over the Swiss, Spanish, British, Irish, Norwegian and Polish parts of the patent.
2. Division
Court of Appeal, Panel 1d
3. UPC number
UPC_CoA_922/2025
UPC_CoA_923/2025
UPC_CoA_924/2025
UPC_CoA_925/2025
4. Type of proceedings
Appeal against an order dismissing preliminary objections on internal and international jurisdiction in an infringement action
5. Parties
Respondent / claimant in first instance:
KEEEX SAS.
Appellants / defendants in first instance:
Adobe Inc.; Adobe Systems Software Ireland Ltd; OpenAI LP; OpenAI OpCo LLC; OpenAI Ireland Ltd; Truepic Inc.; Joint Development Foundation Projects LLC; Coalition for Content Provenance and Authenticity.
6. Patent(s)
EP 2 949 070
7. Body of legislation / Rules
Art. 31 UPCA
Art. 33(1)(a) UPCA
Art. 7(2) Regulation 1215/2012
Art. 71b(2) Regulation 1215/2012
Art. 71b(3) Regulation 1215/2012
R. 13.1(i) RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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