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UPC confirms jurisdiction in Esko-XSYS dispute for acts before UPCA came into force

( June 2, 2025, 13:37 GMT | Official Statement) -- MLex Summary: In the case between Esko-Graphics Imaging and the German, Belgian and Italian entities of XSYS, the Unified Patent Court's appeal court upheld jurisdiction over alleged patent infringement acts in relation to European patent 3,742,231, including those before the UPC Agreement's entry into force on June 1, 2023 and before the patent opt-out withdrawal on August 26, 2024. XSYS’s preliminary objection on jurisdictional grounds was dismissed. The Court clarified that its competence isn't temporally limited under the UPCA, thus aligning with EU and international law principles. A request to refer the matter to the EU Court of Justice was also denied.The order is attached. ...

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