Dolby International v Epson France (CFI, 27 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 27 May 2025, the judge rapporteur of the Hamburg Local Division rejected the preliminary objection to jurisdiction raised by Epson France in Dolby International’s infringement action on EP 3 605 534 against five Epson companies (UPC_CFI_77/2025). The withdrawal of the opt-out, declared on 23 January 2024, applies to all States of the patent, even though only some appeared in the case management system. Leave to appeal was refused.

Question

Was the withdrawal of the opt-out limited to the six States (Germany, Spain, France, the United Kingdom, Italy and the Netherlands) where the patent remained in force, excluding Belgium, Luxembourg and Ireland, so that the UPC lacked jurisdiction?

Decision

No. The objection, which was admissible, was decided at once under Rule 20.1, jurisdiction being a fundamental procedural question. The form used contains all the fields required by Rule 5.3. The States mentioned appear only in connection with the proprietor, since the system automatically lists all States of grant. Rule 5.7 prohibits distinguishing between States, so a partial withdrawal would be contrary to the Rules, and Rule 5.3(c) requires only the patent details, not a list of States (section 1). The « correction » of 21 March 2025 is merely a clarification. Whether it came too late in relation to the national revocation action is irrelevant. Leave to appeal was refused, the question not being of general significance (section 2).

Key points for practice

• An opt-out withdrawal cannot be partial: it covers the patent for all States, whatever list the case management system displays.
• The judge rapporteur may decide a preliminary objection as soon as it is lodged where jurisdiction is at stake.

Provisions applied

Agreement on a Unified Patent Court

Art. 83(3)

Rules of Procedure

Rules 4.1, 5.1(b), 5.3(a) and (c), 5.7, 19.1(a), 20.1, 21.1 and 220.2

Case law cited

BioMarin v Ascendis, Munich Local Division, 2 April 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.