Dolby International v Roku (CFI, 18 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 18 March 2025 (UPC_CFI_235/2024, ACT_27821/2024, ORD_69038/2024), the judge-rapporteur of the Munich Local Division (D. Voß) dismissed the preliminary objection lodged by Roku, Inc. and Roku International B.V., defendants to Dolby International AB’s infringement action on EP 3 490 258, together with the alternative request for a stay and a reference to the CJEU, and granted leave to appeal. The order rejects institutional challenges to the Agreement brought under Rule 19.

Question

Can a preliminary objection rest on the alleged incompatibility of the Agreement with Articles 19 TEU and 267 TFEU or on a breach of the right to a tribunal established by law, and does the local division have jurisdiction over Roku International for acts partly predating entry into force?

Decision

Rule 19.1 lists the grounds of objection exhaustively. The validity of the Agreement under EU law is not among them and a reference would be irrelevant to jurisdiction (paragraphs 22 to 29). Nor is the right to a lawful judge an admissible ground. The composition of panels of a court established by law does not affect it, absent any allegation of bias (paragraphs 30 to 33). The local division’s jurisdiction under Art. 33(1)(a) rests on a coherent allegation of acts in Germany, unchallenged as regards the declaration of conformity and the product label (paragraphs 34 to 38), acts predating entry into force raise no issue of retroactivity (paragraph 39). Leave to appeal is granted under Rule 220.2 (paragraph 41).

Key points for practice

• Practical point: a defendant contesting territorial jurisdiction must answer each connecting factor relied on, those left unchallenged suffice to found jurisdiction.

Provisions applied

Agreement on a Unified Patent Court

Arts. 7(2), 31, 32, 33(1) and (7) and 83

Rules of Procedure

Rules 13.1(i), 19.1, 20.1, 21.1 and 220.2

Case law cited

Aylo v Dish, Court of Appeal, 3 September 2024, 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.