Recent decisions in early 2025 have brought significant clarity to the scope of the Unified Patent Court's jurisdiction — and considerably expanded its enforcement powers.

Two landmark rulings have reshaped the landscape: the CJEU's decision in BSH v. Electrolux and the UPC's judgment in Kodak v. Fujifilm from the Düsseldorf Local Division. Both confirmed that European courts, including the UPC, possess jurisdiction to grant injunctions and award financial remedies for patent infringement occurring outside their traditional territorial boundaries.

Most significantly, infringement proceedings may now continue even where a defendant challenges patent validity - a substantial departure from the previous position established in GAT v. LuK, where validity challenges would typically stay infringement proceedings. Patent owners can now pursue UPC proceedings to claim relief for activities not only within UPCA member states, but also in non-participating countries such as the UK, Spain, and Poland, provided relevant patents have been granted and validated in those territories.

For defendants, the implications are considerable. Companies facing infringement allegations now confront the prospect of pan-European relief from UPC courts and other European courts that may prove more willing to grant broad remedies notwithstanding validity challenges. One defensive strategy merits consideration: bringing revocation proceedings in countries outside the UPC system to potentially limit the court's jurisdiction over infringement in those territories.

These decisions significantly expand the reach of patent enforcement across Europe. At Marks & Clerk, we have the expertise to advise on the strategic implications for patent holders and defendants operating in multiple European markets.