Establishment Labs v GC Aesthetics Parentco (CFI, 15 January 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 15 January 2026 (UPC_CFI_1357/2025), the Brussels Local Division dismissed the preliminary objection of thirteen GC Aesthetics group companies, sued by Establishment Labs for infringement of EP 3 107 487 in thirteen countries including Ireland, Spain, Norway, Switzerland and the United Kingdom. The defendants challenged the UPC’s international jurisdiction over the national validations outside the UPC. The division confirmed that the UPC can rule on infringement of all parts of a European patent and left questions on the scope of the claim to the merits.

Question

Does the UPC have jurisdiction over infringement of parts of a European patent validated outside its territory, and is that question a matter for a preliminary objection under Rule 19?

Decision

The defendants contested neither the UPC’s international jurisdiction nor the division’s territorial competence over them (paragraph 8), their failure to object amounts to a submission within Rule 19.7 and Art. 26(1) of the Brussels Ia Regulation (paragraph 9). According to settled case law, the UPC may rule on infringement of all parts of a European patent, including in non-UPC states (paragraph 10). As no national validity proceedings were shown, the exclusive jurisdiction under Art. 24(4) did not prevent the assessment of infringement (paragraph 11). Whether any acts infringe, and under which law, are merits questions (paragraph 12). Costs will be decided on the merits (paragraph 13).

Key points for practice

• A preliminary objection cannot be used to challenge the territorial reach of the claims where jurisdiction over the defendants is not disputed.
• An argument based on Art. 24(4) of the Brussels Ia Regulation requires evidence of revocation proceedings brought in the state concerned.

Provisions applied

Agreement on a Unified Patent Court

Arts 31, 32(1)(a) and 33(1)(a) and (b)

Rules of Procedure

Rules 19, 19.7 and 20.1

Regulation (EU) No 1215/2012

Arts 4(1), 24(4) and 26(1)

Case law cited

review order of 18 August 2025, UPC_CFI_191/2025 and UPC_CFI_192/2025

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.