UPC_CFI_472/2024
- Dainese S.p.A.
- Alpinestars Research S.p.a.
- Motorcard Bike S.I.
- Alpinestars S.p.A.
- Motocard Bike S.l.
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Decisions and documents (1)
- 2026-04-21procedural
- Claimant:
- Dainese S.p.A.
- Defendants:
- Alpinestars S.p.A.; Motocard Bike S.l.
In proceedings on the merits of infringement against several defendants, one of whom is domiciled in Spain and is sued for infringement of the Spanish portion of the same patent, the risk of irrecon- cilable judgements pursuant to Art. 8 of the European Regulation (EU) no. 1215/2012, as interpreted by the Court of Justice, exists if the Court verifies that: i) it is the same factual situation (i.e. parallel patent rights infringed in an identical manner: being part, as are the other defendants, of the same infringement chain, acting as a distributor of products manufactured by the other defendants; joint and several liability for damages); (ii) it is the same legal situation (in the case of Spain, implementation of the substantive rules set out in the Enforcement Directive); (iii) Spanish defendant reasonably would have been expected to be sued before the court of another Member State, such as the UPC (predictability); (iv) it is not an abusive summoning of the Spanish defendant before the Court of another Member State.
Judge: Alima Zana • Panel: Alima Zana
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