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M&C in the news: Nokia v. Mala Technologies: the UPC interprets its relationship with national courts

On 2 May 2024, the Paris Central Division of the UPC issued a decision concerning the jurisdiction and the applicability of the Brussels I Regulation (recast) in the context of a patent revocation action brought before the UPC. In the ongoing revocation action brought by Nokia Technology GmbH against Mala Technologies Ltd., a preliminary objection filed by Mala Technologies required the UPC to examine its relationship with the national courts of member states. 

In a recent piece for The Patent Lawyer Magazine, Marcus Riby-Smith, Ali Raja and Thomas Prock discuss the key points from the decision, and the jurisdiction and authority of the Unified Patent Court (UPC) in relation to national courts, in the context of the Brussels I Regulation (recast) and the Unified Patent Court Agreement (UPCA). 

Read the piece in The Patent Lawyer Magazine below. You can also find the full length article here.

This decision clarifies the interpretation of transitional provisions under the Brussels I Regulation (recast) in the context of the UPC’s jurisdiction. It underscores the UPC’s authority and jurisdiction in handling patent revocation cases to which these provisions apply, even when parallel proceedings exist in national courts

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litigation & disputes, patents, upc