Jurisdiction Challenge Over EP 3 107 487 B1 In Various Countries
The Unified Patent Court (UPC) issued a procedural decision involving Establishment Labs S.A. and the GC Aesthetics group over the infringement of patent EP 3 107 487 B1. Establishment Labs claims the infringement by GC Aesthetics in multiple countries, including Belgium, Spain, and others, and sought an injunction. GC Aesthetics challenged the UPC's jurisdiction in countries like Ireland, Spain, and the UK, where the patent is also validated. They argued that the jurisdiction cannot extend beyond UPCA contracting states, especially for activities by ROMED, domiciled in Belgium. Consequently, the court upheld the preliminary objection, dismissing the claims related to non-UPC countries and ordering Establishment Labs to pay costs.