Adobe vs. KEEEX - UPC Appeal on Jurisdiction and Discretionary Review
In this appellate decision, Adobe Inc. and Adobe Systems Software Ireland Limited (Appellants) sought a discretionary review of a first-instance decision involving a patent infringement claim brought by KEEEX SAS (Respondent). The patent in question, EP 2 949 070, was alleged to be infringed, and Adobe argued that the lower court erred in not allowing them to appeal the decision that rejected their preliminary objections, primarily related to jurisdiction over non-contracting states to the Unified Patent Court (UPC) Agreement. The request for a discretionary review was denied as the key jurisdictional question was already settled by the Court of Appeal, establishing that UPC does not have jurisdiction over alleged infringements in non-member states. The Appellants' interest in clarification was deemed insufficient for granting an appeal, as the legal clarification had already been provided.