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

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 18 March 2025 (UPC_CFI_339/2024, ACT_36560/2024, ORD_69037/2024), the judge-rapporteur of the Munich Local Division (D. Voß) dismissed the preliminary objection lodged by Roku, Inc. and Roku International B.V. in Sun Patent Trust’s infringement action on EP 3 200 463, together with the alternative request for a reference to the CJEU, and granted leave to appeal. The order draws tight limits around the preliminary objection, which is no vehicle for challenging the validity of the Agreement under EU law.

Question

Can a preliminary objection rest on the alleged incompatibility of the Agreement with Articles 19 TEU and 267 TFEU, on a breach of the right to a tribunal established by law or on an ineffective withdrawal of the opt-out, and does the local division have jurisdiction?

Decision

The list in Rule 19.1 is exhaustive, grounds based on EU primary law, the right to a lawful judge and lack of standing are inadmissible, and no reference is needed (paragraphs 25 to 36). The withdrawal of the opt-out declared on 21 May 2024 by an Art. 48 representative is effective: Rule 5.3(b)(i) requires no proof of authority unless it is disputed, in line with Rule 285 (paragraphs 41 to 44). Jurisdiction under Art. 33(1)(a) only requires a plausible allegation of acts in Germany, and acts predating entry into force are irrelevant (paragraphs 46 to 51). Leave to appeal is granted because the point may matter in many cases (paragraph 53).

Key points for practice

• Practical point: a withdrawal of an opt-out by a registered representative need not be backed by a written authority, a defendant who disputes that authority must say so expressly.

Provisions applied

Agreement on a Unified Patent Court

Arts. 2(g), 3(c), 7(2), 32(1)(a), 33(1) and (7), 48 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, 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.