Alpinestars v Dainese (UPC_CFI_792/2024)
Decision date:
08 April 2025
Osborne Clarke summary
- Dainese brought an action against Alpinestars and other defendants, alleging infringement of its European Patent validated in various UPC territories and a non-UPC territory, Spain.
- Alpinestars, which is domiciled in Italy, filed a preliminary objection challenging the UPC's jurisdiction to decide on the alleged infringement of the Spanish designation.
- Applying the recast Brussels Regulation and the CJEU's interpretation of it in BSH v Electrolux, the court confirmed that it had jurisdiction to adjudicate on infringement issues relating to European Patents validated in non-UPC countries (in this case, the Spanish designation) when the defendant was domiciled in a UPC member state.
- Interestingly, the court stated that this principle had already been established by an earlier decision by virtue of the Düsseldorf LD's decision in Fujifilm v Kodak, which concerned a challenge to the UPC's jurisdiction over infringement claims relating to the UK designation of a European Patent.
- See our Insight for more detail on this decision.
Issue
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