The Unified Patent Court (UPC) is considered a court of a Member State pursuant to Article 71a of the EU Jurisdiction Regulation (EU) No. 1215/2012 (recast). The case law of the ECJ is therefore relevant.
In an infringement action concerning patents held by Dainese on certain airbag technologies for motorcycle protective gear against its Italian competitor Alpinestars for injunction and removal in, among other places, Spain (which is a member of the EPC but but not a member of the UPC), the Milan Local Chamber of the UPC, taking into account the CJEU decision C-339/2022, confirmed its jurisdiction with regard to European patents validated in non-UPC states. (UPC_CFI792/2024).