BMS Innovations, LLC v.BYD Company Ltd, BYD Auto Co., Ltd, BYD Europe B.V., BYD France SAS, BYD Automotive GmbH, BYD Mobility GmbH, and BYD (U.K.) Co., Ltd.
Paris Local Division · UPC_CFI_2070/2025
BMS Innovations, LLC (BMSI), a US company, brought a patent infringement action before the Paris Local Division of the Unified Patent Court against multiple BYD Group entities domiciled in China, the Netherlands, France, Germany, and the UK, concerning European Patent EP2937706. Three BYD defendants domiciled in China and the UK filed a preliminary objection challenging the court's international jurisdiction over alleged infringing acts committed in the UK and UPC member states. The court held that it lacked international jurisdiction over the UK-domiciled Defendant 7 (BYD UK) since no infringing acts were alleged within UPC or EU territory, while deferring the jurisdictional question regarding the Chinese defendants to the decision on the merits.