UPC Court of Appeal Clarifies Scope of Opt-Out Withdrawals

The Court of Appeal of the Unified Patent Court (UPC) overturned a decision by the Helsinki Local Division concerning the withdrawal of an opt-out under Article 83(4) of the UPC Agreement. The case involved AIM Sport Vision AG, which had opted out a European patent before the UPC became operational but later sought to withdraw the opt-out and pursue litigation in the UPC against Supponor.

The Helsinki Local Division had ruled that AIM’s withdrawal was invalid because national proceedings involving the patent had been initiated in Germany in 2020, prior to the UPC coming into effect on 1 June 2023. The Helsinki court, therefore, found that the UPC lacked jurisdiction to hear AIM’s case. AIM appealed this decision.

The Court of Appeal, disagreed, concluding that Article 83(4) of the UPC Agreement applies only to actions brought in national Courts during the seven-year transitional period after the UPC Agreement’s entry into force. It clarified that national proceedings started before this date do not prevent the withdrawal of an opt-out.

By setting aside the Helsinki Local Division's decision, the Court of Appeal confirmed the UPC’s jurisdiction over the patent in question and allowed AIM to pursue its infringement action against Supponor.