Omnia Technologies v Sidel Participations (CFI, 7 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 7 May 2026 (UPC_CFI_799/2026), the judge-rapporteur of the Paris Central Division dismisses Sidel Participations’ preliminary objection to the action for a declaration of non-infringement brought on 3 March 2026 by Omnia Technologies, ACMI and ACMI Labelling over EP 4 594 194 and EP 4 624 351, before their grant had been published. The UPC has competence provided the patent is granted before the statement of defence, even if the mention of grant has not yet been published.

Question

Does the UPC have competence (Art. 32(1)(b) UPCA) over a non-infringement action brought before grant, and does a later opt-out defeat it?

Decision

It suffices that the patent is granted before the statement of defence is filed, which ensures a defined subject matter (paragraphs 25 and 26), declining competence only for the claim to be refiled on grant would defeat procedural efficiency (paragraphs 27 and 28). The opt-outs filed on 2 and 8 April 2026, after the action was lodged, are ineffective (Art. 83(3) UPCA and Rule 5.6 RoP, paragraph 34). Competence is not a matter for Rule 361 RoP (paragraphs 37 to 39), and a stay is refused, the Court aiming at a hearing within one year (paragraphs 43 to 46). Costs are reserved for the merits.

Key points for practice

• Practical point: a party seeking a declaration of non-infringement may seize the UPC at the application stage and so neutralise a later opt-out by the applicant.

Provisions applied

Agreement on a Unified Patent Court

Art. 32(1)(b), 41(3), 42, 49(6), 52(1) and 83(3)

Rules of Procedure

Rules 5.6, 19, 61, 295(m) and 361

European Patent Convention

Art. 97(1)

Case law cited

XSYS v Esko-Graphics, Court of Appeal, 2 June 2025, Roku v Dolby, Court of Appeal, 6 October 2025, NanoString v 10x Genomics, Munich Local Division, 19 September 2023, Alexion v Amgen, Hamburg Local Division, 26 June 2024, Barco v Yealink, Brussels Local Division, 21 March 2025, Network System Technologies v Audi, Court of Appeal, 18 September 2024, Carrier v Bitzer, Court of Appeal, 28 May 2024, Mala v Nokia, Court of Appeal, 17 September 2024

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.