GEIST:UPC Searchengine

ORD_52116/2024

Telefonaktiebolaget LM Ericsson v. ASUSTek Computer Inc., Digital River Ireland Ltd., Arvato Netherlands B.V.

Date
2024-10-15
Division
Lisbon (PT) Local Division
Type of action
Application for provisional measures
Language
EN

Metadata

Case IDORD_52116-2024-04866b97a0fd
Case number
Registry numberORD_52116/2024
Order referenceORD_52116/2024
Keywords
Headnotes

Documents and full text

Extractor: pypdf | Pages: 23

1 ORDER of the Court of First Instance of the Unified Patent Court Local Division in Lisbon delivered on 15 October 2024 concerning EP 2 819 131 HEADNOTES: 1. When challenging the competence of the local division where the case was lodged according to Art. 33(1)(a) UPCA (place of the actual or threatened infringement), the defendant must provide arguments against the territorial connection with the UPC Contracting Member State where that local/regional division is located. The argument provided by the defendant that such division has no competence because no acts of infringement were committed is irrelevant to the issue of territorial competence, as it is a defence based on the merits. 2. Art. 33(1)(a) UPCA establishes an objective link which refers to the place of the infringement and not ...