News & Analysis as of

Appeals Jurisdiction European Union

White & Case LLP

European Court of Human Rights delivers final ruling in the case of Semenya v. Switzerland

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On 10 July 2025, the European Court of Human Rights (ECtHR) delivered its final ruling in the case of Semenya v. Switzerland1 . The ECtHR, sitting as Grand Chamber, found that Switzerland violated its procedural obligations...more

A&O Shearman

UPC Court of Appeal confirms its jurisdiction over infringements that pre-date the UPC Agreement

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Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more

Herbert Smith Freehills Kramer

UPC Structure – local, regional and central divisions and Court of Appeal, Judges & Languages

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

A&O Shearman

Amendments in UPC proceedings: current developments and practical guidelines

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Recent decisions from various UPC divisions provide valuable guidance for parties seeking to amend their cases or patents. The decisions emphasize that it is crucial for parties to know how to distinguish between the rules...more

A&O Shearman

Navigating the UPC’s evidence minefield: when confidentiality issues clash with procedural deadlines

A&O Shearman on

In July 2024, the UPC Court of Appeal (CoA) clarified its procedural rules surrounding evidence preservation and confidentiality. It confirmed that the deadline for bringing an action on the merits only starts to run after...more

A&O Shearman

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

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In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more

A&O Shearman

English courts take jurisdiction over Malaysian forced labour allegations - Limbu v Dyson

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The English Court of Appeal has ruled that the English courts have jurisdiction to hear a claim brought by a group of migrant workers against three companies in the Dyson group alleging trafficking and abuses of their labour...more

BCLP

Privacy Speaks: A clearer view?

BCLP on

Clearview AI Inc's successful challenge to the ICO’s £7.5 million fine focused on the limits of the UK GDPR’s jurisdictional reach, succeeding on the grounds that Clearview’s processing activities were outside the scope of...more

Conyers

Sun Vessel Global Limited v HQ Aviation Limited and Great Lakes Insurance (UK) SE: Synopsis on Costs

Conyers on

Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023. Court’s Jurisdiction to reconsider matters before delivery of its perfected...more

Latham & Watkins LLP

Jurisdictional issues in deals involving joint ventures: Review of the General Court judgment in HeidelbergCement and Schwenk...

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The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) confirms that when the true players behind the transaction are the parent...more

WilmerHale

Second Circuit Confirms Extraterritorial Reach of Section 1782 and Clarifies Jurisdictional Requirements

WilmerHale on

A recent Second Circuit decision provides important guidance on the scope and application of Section 1782, the expansive discovery provision that authorizes district courts to compel parties in the United States to provide...more

Hogan Lovells

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

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The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

Latham & Watkins LLP

How Will Court of Appeal Decision in Sabbagh v Khoury and others Affect Future Article 6(1) Cases?

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The Brussels Regulation provides for an exception to the general rule that a claimant must sue a defendant in the EU Member State where the defendant is domiciled. The exception allows a claimant to sue a defendant where a...more

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