In brief
This is the second article in our series on the Unified Patent Court’s (UPC) developing ‘long-arm’ jurisdiction. In our first article, we explored how the UPC’s early case law, coupled with the Brussels I framework, opened the door to an expansive jurisdictional reach. We noted that, if sustained, this approach could reshape European patent litigation. This second article examines how that shift is now taking shape and influencing litigation strategy, driving parallel proceedings and prompting judicial pushback at both national and EU levels.
Early UPC case law suggests that long-arm jurisdiction may become a defining feature of the new European patent litigation landscape. Through an evolving interpretation of EU procedural law, the UPC has demonstrated a willingness to adjudicate disputes with effects extending beyond participating Member States, challenging traditional assumptions of patent territoriality. Recent litigation before the UPC and national courts (including in the United Kingdom (UK)), together with the UPC Court of Appeal’s first referral to the Court of Justice of the European Union (CJEU) in March 2026, has brought these issues into sharp focus, exposing fundamental tensions between centralisation and national sovereignty.