UPC’s CD Milan assumes jurisdiction over declaratory judgment concerning future divisionals and over anti-abandonment injunctions

Context:

• The boundaries of the UPC’s abilities to protect its jurisdiction faced an interesting test when Amazon appealed InterDigital’s anti-interference injunction, and the Court of Appeal (CoA) was inclined to hold that the UPC does have jurisdiction over such prayers for injunctive relief, but no formal decision came down as the parties reached an agreement to resolve the dispute through arbitration (June 12, 2026 ip fray article).
• When a patent is revoked by the European Patent Office (EPO) in the course of an opposition proceeding or the related appeal, be it as the result of a decision or due to the patent holder effectively abandoning the application, a validity ruling by the UPC may be avoided while one or more divisional applications could be used in order to regain patent protection.
• Procedurally permissible tactics can be deemed abusive, but the hurdle for such a finding is very high across jurisdictions.