On October 30, 2025, the Paris Local Division of the Unified Patent Court (UPC) issued an order (UPC_CFI_361/2025) rejecting the plea of lack of jurisdiction raised by Vivo in the dispute against Sun Patent Trust.
The case concerns European patent EP 3 852 468, relating to 4G+ technologies, which Sun Patent Trust alleges is infringed by the marketing of various Vivo smartphone models in Europe.
Vivo argued that the UPC lacked jurisdiction to rule on the determination of FRAND conditions, presented by the claimant as an integral part of its action, and also contested the territorial jurisdiction of the Paris division.
Sun Patent Trust, on the other hand, contended that this was an action for infringement of a standard-essential patent (SEP), falling under Article 32(1)(a) UPCA, and that the issue of FRAND conditions was not an independent claim but a prerequisite for granting an injunction.
The judges of the local division considered that the main action was indeed a patent infringement action and that FRAND issues could be examined incidentally, in line with UPC case law and the Huawei v. ZTE ruling. The admissibility of the subsidiary claim relating to FRAND conditions will be decided on the merits.
On the territorial aspect, the Court held that the purchase of a Vivo product on the Fnac.com website, intended for the French market, was sufficient to establish the jurisdiction of the Paris Local Division under Article 33(1)(a) UPCA.
This order confirms the UPC’s jurisdiction to handle SEP/FRAND disputes within the framework of infringement actions and illustrates a pragmatic approach to territorial jurisdiction, based on acts of online commercialization. The case will now proceed to the merits, with an expected debate on the compliance of the licensing offers with FRAND requirements and on the possible granting of an injunction against Vivo.