PATENT | UPC Munich Local Division confirms jurisdiction based on website accessibility

On 30 March 2026, the Munich Local Division of the Unified Patent Court (the UPC) issued its order in joined cases UPC_CFI_0001494/2025 and UPC_CFI_0000730/2026 (Repairify, Inc. v. Jifeline Networks B.V. et al.), addressing a preliminary objection on territorial competence under Article 33(1)(a) of the Agreement on a Unified Patent Court (the UPCA).

The defendants argued that the Munich Local Division lacked territorial competence, as the claimant had not sufficiently demonstrated that the alleged patent infringement occurred in Germany, notwithstanding the accessibility of the defendants’ websites. The order clarifies that, for the purposes of jurisdiction, it is sufficient that the alleged damage may occur in a Member State where the patent has effect, including where products or services are offered via websites accessible in that territory.  In the present case, the alleged infringement concerned the online provision of remote diagnostic services and related hardware, accessible in Germany. The claimant’s submissions were deemed sufficient to establish territorial competence.

Accordingly, the preliminary objection was dismissed and the Munich Local Division confirmed its jurisdiction.

Newsletter n. 117 – April 2026