The Unified Patent Court – Does it keep up with the expectations? A recap after the first year.
One year into the Unified Patent Court, with more than 370 infringement, revocation, and preliminary injunction cases currently pending, it seems that the new court is well received and appreciated by the stakeholders. Munich and Paris account for more than 50% of the cases and, so far, have crystallized as the UPC hotspots. The community seems to increasingly gain confidence in the court, with opt-out rates declining and withdrawals of initial opt-outs picking up. With many claimants from non-EU member states, the court seems to be attractive as an important element in international litigation strategies. As the first batch of decisions see the light of day, this Masterclass will present a short overview of the UPC system and revisit the first 12 months that the new Court has been active. The speakers will explore the factors apparently influencing attack and defense strategies and, ultimately, success before the new court.
Points discussed will include:
- Frontloading principle and rejection of late filings – How strictly is it applied?
- Handling of tight timelines and management of teams – How to get things done in due time?
- Interim conferences and court hearings – What to expect?
- Preliminary injunctions – A realistic option?
While it still remains be seen what harmonization of case law and directions the UPC Court of Appeal will provide, the prospects of the UPC as a central element in European patent litigation are promising.
The webinar is organized by Lexology in cooperation with COHAUSZ & FLORACK.