Düsseldorf, November 10, 2023 – The Unified Patent Court (UPC), which opened its doors on June 1, 2023, is also proving its worth as a Court of Appeal. The UPC Court of Appeal handed down its first ruling less than a month after receiving the case, which underlines the efficiency of the new system. This decision overturned a preliminary injunction granted by the UPC local division in Munich. Cohausz & Florack (C&F) believes that such adjustments by the Court of Appeal were to be expected after the launch of the new court.
According to C&F, how the Court of Appeal’s affirmation rate develops in the long run will be of great interest when it comes to assessing the new system in the future (see C&F blog from September 29, 2023): “We expect to see the UPC local divisions in Germany, especially Düsseldorf, continue their tradition of achieving high affirmation rates in appeals for national patent infringement cases and thus continue to live up to their good reputation for the enforcement of patent rights in the future,” says Gottfried Schüll, patent attorney and partner at C&F.