The Unified Patent Court’s Court of Appeal has ruled that companies can file suits before a patent is granted. The decision came in a dispute between labelling machine manufacturers Omnia and Sidel, specifically addressing the UPC’s jurisdiction in such cases. This week, the UPC Court of Appeal dismissed Sidel’s appeal as not well-founded (case ID: UPC-CoA-90/2026), centering on two patents owned by Sidel: EP 4 594 194 and EP 4 624 351, which protect certain steps within labelling machines.
The case centered on Omnia’s non-infringement application, filed while the European Patent Office was examining Sidel’s patent applications. Omnia brought the action in March before the Paris central division, seeking a declaration that its “Opera Omnia labelling module” does not infringe Sidel’s patents. At the time, neither patent had been granted, but a notice of intention to grant under Rule 71(3) EPC had been issued. Sidel later opted both patents out of the UPC and filed a preliminary objection, which the Court of First Instance rejected. The ruling upheld the Court of First Instance’s jurisdiction, affirming that such actions can proceed even before a patent is granted.
Read Also: YMTC wins round in Micron tech dispute
UPC follows Italian approach to pre-granted patents
In Italy, for instance, patent applications can be asserted against third parties before grant, provided that translated claims are published or communicated to the third party. The UPC’s adoption of this approach marks a significant shift in European patent litigation, enabling earlier resolution of disputes.
Legal teams and next steps
Sidel, a French company, was represented by Véronique Pede of Gevers IP Law in Belgium and Agata Sobol of Lexsential in Milan. Omnia, an Italian company, worked with Lorenzo Battarino and Luca Pellicciari from Trevisan & Cuonzo, a prominent Italian law firm specializing in IP matters.
