Sun Patent Trust v Roku (CFI, 18 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 18 March 2025 (UPC_CFI_254/2024, ACT_29956/2024, ORD_69030/2024), the judge-rapporteur of the Munich Local Division (U. Voß) dismissed the preliminary objection lodged by Roku Inc. and Roku International B.V. in Sun Patent Trust’s infringement action on EP 2 903 267, together with the alternative requests, and granted leave to appeal. The order confines the preliminary objection to jurisdiction and language and settles how the withdrawal of an opt-out is to be proved.

Question

Can a preliminary objection rest on the alleged incompatibility of the Agreement with EU primary law, on the right to a tribunal established by law, on lack of standing or on an ineffective withdrawal of the opt-out, and does the local division have jurisdiction over Roku International?

Decision

The list in Rule 19.1 is exhaustive, incompatibility with EU primary law is no ground of objection and no reference is needed (paragraphs 27 to 34), nor is the alleged breach of the right to a lawful judge (paragraphs 35 to 38), standing is a matter for the merits (paragraphs 39 and 40). The withdrawal of the opt-out of 21 May 2024 is effective: the claimant need not file the representative’s authority of its own motion, proof being required only if authority is disputed (paragraphs 41 to 49). A coherent allegation of infringing acts in Germany suffices to found jurisdiction under Art. 33(1)(a), and acts predating entry into force raise no issue of retroactivity (paragraphs 50 to 55). Leave to appeal is granted (paragraphs 56 and 57).

Key points for practice

• Practical point: a preliminary objection is no vehicle for disputing standing, which belongs to the merits, or the validity of the Agreement.

Provisions applied

Agreement on a Unified Patent Court

Arts. 32(1)(a), 33(1)(a), 48, 68 and 83(3) and (4)

Rules of Procedure

Rules 5.3, 5.7, 19.1, 20.1, 21.1, 220.2 and 285

Case law cited

Aylo v Dish, Court of Appeal, 3 September 2024, GXD-Bio v Myriad Genetics, Munich Local Division, 14 February 2025, Phoenix Contact v Industria Lombarda Materiale Elettrico, Munich Local Division, 10 February 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.