UPC and Munich court limit UK jurisdiction over interim patent licences

Until now, implementers have often avoided patent infringement claims by applying to UK courts for an interim licence. According to the UK courts, these decisions extended not only to the UK but also to UPC territory. Both the UPC and a German national court of first instance have now halted this practice.

Through ex parte anti-interim-licence injunctions from the UPC (case ID: UPC_CFI_936/2025) and Munich Regional Court (case ID: 21 O 12112/25), the courts have prohibited Amazon from making such an application in the UK. InterDigital has thus prevailed with its surprise action at both the German national courts and local division Mannheim.

InterDigital brought parallel actions in both courts to keep options open for subsequent proceedings at the UPC and in national courts. While there is no coordination between the UPC and German courts, their decisions align in reasoning.

Both courts believe that compulsory interim licences violate the fundamental right to enforce patents. This is because once the UK High Court grants an interim licence, patent owners cannot bring infringement actions in the UK, before national courts in Europe, or at the UPC. The UK High Court has recently begun granting interim licences, even when requested by only one party.

Interim victory for InterDigital

Both courts made their decisions ex parte so defendants could not pre-empt them with UK applications. The UPC order is initially enforceable without security. There is now a 30-day deadline to apply for review. In Germany, no security deposit is required and there are no deadlines.

The decision limits UK patent courts’ influence in continental Europe. At the same time, it represents a victory for patent holder InterDigital that could mark a new chapter in disputes between telecommunications patent holders and implementers. The ruling adds another dimension to licence negotiations.

At the local division Mannheim, the bench comprised presiding judge and judge rapporteur Peter Tochtermann, legally qualified judge Dirk Böttcher and legally qualified judge András Kupecz. The Munich Regional Court ruled under presiding judge Georg Werner.

In both cases, InterDigital relied on its regular advisors from Arnold Ruess, namely Cordula Schumacher, Arno Riße, Lisa Rieth, Anja Penners, and Julija Kravtsova. The team also included patent attorney Dominik Ho from df-mp. In the UK proceedings, the team works with Bird & Bird, led by Richard Vary.

Amazon’s representatives in the German and UPC proceedings have not yet been made public. In the UK proceedings, the US company works with a Hogan Lovells team led by Paul Brown.