UPC Litigation
With Unified Patent Court (UPC) representatives across all technical areas and extensive experience in pan-European litigation, we’re perfectly positioned to guide you through UPC proceedings and help you navigate the opportunities and risks of this new forum.
The UPC, which opened on 1 June 2023, represents the biggest change to the European patent system in decades. Its ability to grant swift pan-European relief, combined with a highly skilled judiciary, makes it an attractive forum for companies worldwide. However, it also introduces new risks, particularly for those facing potential claims.
We work closely with clients to develop multi-faceted litigation strategies that leverage the procedural mechanisms and protective measures available in the UPC, while also considering parallel litigation in other European forums. Whether you’re seeking to enforce your rights or defend against claims, we’ll help you navigate this complex landscape with confidence.
Facing UPC litigation or considering it as part of your strategy? Contact us today to discuss how we can help you navigate the UPC’s opportunities and risks.
Key Areas of Expertise
Representation in infringement & revocation actions
Having represented clients in some of the first UPC cases, we’re well-versed in handling UPC proceedings. Our services include advocacy at hearings, managing procedural applications, and coordinating your European litigation strategy. We quickly form mixed attorney-litigator teams to ensure technical, procedural, and strategic considerations are fully aligned.
Having represented clients in some of the first UPC cases, we’re well-versed in handling UPC proceedings. Our services include advocacy at hearings, managing procedural applications, and coordinating your European litigation strategy. We quickly form mixed attorney-litigator teams to ensure technical, procedural, and strategic considerations are fully aligned.
Provisional measures
The UPC allows for urgent provisional measures, including preliminary injunctions and the preservation or inspection of evidence. We can help you seek or resist these measures, which can be critical in strengthening your position or defending against claims.
The UPC allows for urgent provisional measures, including preliminary injunctions and the preservation or inspection of evidence. We can help you seek or resist these measures, which can be critical in strengthening your position or defending against claims.
Preparing protective letters
Protective letters are a key defensive tool in the UPC, helping to mitigate the risk of interim injunctive relief being granted against you across Europe. We can advise on and draft these letters, which are filed confidentially with the UPC without notifying the patentee.
Protective letters are a key defensive tool in the UPC, helping to mitigate the risk of interim injunctive relief being granted against you across Europe. We can advise on and draft these letters, which are filed confidentially with the UPC without notifying the patentee.
Strategic advice
The UPC presents both opportunities and challenges. We provide strategic advice on how to integrate UPC proceedings into your wider European litigation or defensive strategy, including during freedom to operate (FTO) exercises. Our advice includes clear steps to maximise your prospects and mitigate risks.
The UPC presents both opportunities and challenges. We provide strategic advice on how to integrate UPC proceedings into your wider European litigation or defensive strategy, including during freedom to operate (FTO) exercises. Our advice includes clear steps to maximise your prospects and mitigate risks.
Coordination of EPO oppositions & UPC proceedings
Our UPC representatives are also experienced in EPO oppositions, allowing us to coordinate arguments and strategies across both forums. This ensures consistency and efficiency, particularly in high-stakes cases involving parallel revocation actions.
Our UPC representatives are also experienced in EPO oppositions, allowing us to coordinate arguments and strategies across both forums. This ensures consistency and efficiency, particularly in high-stakes cases involving parallel revocation actions.
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