Unified Patent Court

25 February 2025   The company’s nine-country ban against a Chinese rival saw the court adopt a broad interpretation of means-plus-function claims, increasing the risk for infringers even if they modify products. Marisa Woutersen unpacks the debate over the UPC’s flexible approach to added matter and the urgency criteria.

Latest Features

Unified Patent Court
The UPC Court of Appeal’s approach to delivering a preliminary injunction in a glucose sensor dispute has far-reaching effects, as Wouter Pors of Bird & Bird explains.
Unified Patent Court
The court rejected the medical device company’s auxiliary requests and nixed patent in 17 territories although it seems receptive to these amendments in general, say Laura Orlando and Rachel Montagnon of Herbert Smith Freehills.
Unified Patent Court
A distinctive UPC approach to patent validity and revocations is emerging as the court shows its willingness to break new ground, say Emily Bottle and Sebastian Moore of HSF.
Europe
Signs show that an uptick of life sciences cases at the Unified Patent Court is likely, but does the court have capacity? Anna Leathley, Richard Newell & Sarah Mitchell of Carpmaels & Ransford explore.
Unified Patent Court
Well-resourced NPEs looking to play the injunction card are eyeing up the court—companies with European operations should prepare, say Tom Oliver and Jessica Rosethorn of Powell Gilbert.
Europe
Is the court’s public access rule unfit for purpose? Lawyers at Mathys & Squire are arguing for pleadings and evidence to be automatically made available on request, finds Muireann Bolger.
Big Pharma
Despite a rocky start, with case-management issues and plenty of scepticism from stakeholders, there is much to applaud in the UPC’s first four months, write Sebastian Moore and John Lao of Herbert Smith Freehills.
Big Pharma
Are we now seeing the power posed by the court as a litigation forum, asks Antje Brambrink of Finnegan.
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14 October 2024   US firm doubles down in Europe with another big name recruit | Tech and life sciences litigation at the UPC a target | Powell will 'always be a friend of the firm’ says ex-colleague Penny Gilbert | Move ends speculation about Powell’s future after August resignation.
10 October 2024   Value-for-money UPC is worth it says GSK corporate counsel | Court offers alternative to costly US litigation | Head of vaccine patents says UPC offers “strategic plank” in Europe.
1 October 2024   Having been involved in more than 30 cases at the UPC, the Bardehle Pagenberg litigator tells Marisa Woutersen why success at the game-changing court is a team effort.
26 September 2024   Cameron Marshall, partner at Carpmaels, offers a behind-the-scenes snapshot of working a UPC case with tight deadlines and an unusual result, finds Sarah Speight.
24 September 2024   The president of the appeals court reveals his thinking on transparency, bringing more countries on board, and the hidden delays in the EU Commission’s SEP plan.
19 September 2024   The founding partner of Bird & Bird’s Dutch office explores his recent victory for Edwards Lifesciences and his active role at the court.
12 September 2024   Data visualisations based on the court’s activity from June to August reveal that the use of English is growing, German divisions are dominating, and appeals are creeping up, writes Marisa Woutersen.
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