Plaintiffs Can Now Seek Damages at UPC Based on National Court Judgments—and for Pre-UPC Infringement
The Unified Patent Court (UPC) began to issue its first decisions on the merits in July 2024. Since then, much of the focus has been on the court’s handling of injunctions, which are notable in part for their possible scope—as a single claim can result in an injunction spanning up to all 18 UPC member states. However, the UPC can also issue damage awards with that same reach, covering a market nearly the same size (by population) as the US. Now, the breadth of available damages could increase further due to a new ruling from the Court of Appeal. On January 16, the appellate body decided that not only does the UPC have the power to hear a damages-only claim based on a merits judgment from a national court, it may also award damages reaching back before the UPC’s start date—in this case, all the way back to 2016.
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