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European Union › Patent Litigation › Unified Patent Court

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Herbert Smith Freehills Kramer

The UPC – Two Years On

Herbert Smith Freehills Kramer on

The Unified Patent Court – a one-stop-shop for European patent litigation – is now two years old. As it enters its third year of operation, we look at the approach that is becoming established in the new system, drawing out...more

A&O Shearman

UPC Court of Appeal confirms its jurisdiction over infringements that pre-date the UPC Agreement

A&O Shearman on

Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more

Jones Day

Orders to Preserve Evidence (“Saisies”) at the Unified Patent Court: Two-Year Roundup and Early Insights

Jones Day on

Evidence is a key battleground in virtually all patent litigation cases. As a Court designed to combine the best and most efficient features of the main EU national patent litigation systems, the Unified Patent Court (“UPC”)...more

Hogan Lovells

Two years of the Unified Patent Court – Key insights from Hogan Lovells’ analysis of revocation trends

Hogan Lovells on

On June 1, 2025, the Unified Patent Court marked its second anniversary - we are one of very few firms that has top-tier patent litigators in all major EU jurisdictions and the UK – we’ve been defending clients in...more

Herbert Smith Freehills Kramer

UPC Structure – local, regional and central divisions and Court of Appeal, Judges & Languages

Herbert Smith Freehills Kramer on

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

A&O Shearman

The UPC’s interpretation of inventive step: does it follow the problem-solution approach?

A&O Shearman on

UPC case law on the assessment of inventive step is still evolving. Most local division (LD) decisions have indicated a slightly diverging practice from the EPO’s problem-solution approach. However, more recently, others have...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - May 2025

WilmerHale on

The beginning of 2025 saw two overarching trends in FRAND litigation...more

A&O Shearman

Amendments in UPC proceedings: current developments and practical guidelines

A&O Shearman on

Recent decisions from various UPC divisions provide valuable guidance for parties seeking to amend their cases or patents. The decisions emphasize that it is crucial for parties to know how to distinguish between the rules...more

A&O Shearman

Navigating the UPC’s evidence minefield: when confidentiality issues clash with procedural deadlines

A&O Shearman on

In July 2024, the UPC Court of Appeal (CoA) clarified its procedural rules surrounding evidence preservation and confidentiality. It confirmed that the deadline for bringing an action on the merits only starts to run after...more

McDermott Will & Emery

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

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The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

Fish & Richardson

Key Insights From the UPC’s First SEP

Fish & Richardson on

In November 2024, the Local Division (LD) Mannheim of the Unified Patent Court (UPC) issued the UPC’s first-ever substantive decision on standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND)...more

A&O Shearman

Indirect patent infringement before the UPC: limits that manufacturers must observe in advertising and product instructions

A&O Shearman on

Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Düsseldorf Local Division (January 14, 2025) ORD_63219/2024. Anyone developing or marketing an innovative product will want to ensure that they do...more

A&O Shearman

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

A&O Shearman on

In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more

A&O Shearman

UPC revocation actions: What is a reasonable number of auxiliary requests?

A&O Shearman on

Two recent UPC decisions have provided some guidance on the admissibility and reasonableness of auxiliary requests in revocation actions. The court will look at the specific circumstances and complexity of the revocation...more

McDermott Will & Emery

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC

McDermott Will & Emery on

The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more

Morgan Lewis

CJEU Expands Cross-Border Patent Infringement Jurisdiction in BSH Hausgeräte v. Electrolux

Morgan Lewis on

The Court of Justice of the European Union (CJEU) has delivered a landmark ruling in BSH Hausgeräte v. Electrolux that significantly expands the jurisdictional reach of EU courts in cross-border patent infringement cases. The...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | Q1 2025

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

Mintz - Intellectual Property Viewpoints

UPC Risks Unveiled: Navigating Outcome Trends and Parallel Revocation Strategies

Mintz - Intellectual Property Viewpoints on

The Unified Patent Court (UPC) is transforming the way patents are enforced and challenged in Europe with its broad jurisdiction and potential for harmonizing the patent enforcement situation in a significant part of the...more

Cooley LLP

The Doctrine of Equivalence at the UPC

Cooley LLP on

The Unified Patent Court (UPC) recently issued its first decision, in case UPC_CFI_239/2023, addressing infringement by equivalence. The patent in suit (EP2137782) was determined not to be infringed by the ‘literal’ scope of...more

McDermott Will & Emery

[Webinar] Litigating in the Unified Patent Court: Strategies for Success - February 11th, 11:00 am - 12:00 pm EST

McDermott Will & Emery on

Nearly two years in, the Unified Patent Court (UPC) continues to reshape the patent litigation landscape in Europe by providing swift, cross-border resolutions and an innovative approach to patent enforcement and revocation....more

Akin Gump Strauss Hauer & Feld LLP

Revocation Actions at the UPC: State Your Defense or Risk Losing Your Patent

Akin Gump Strauss Hauer & Feld LLP on

The Unified Patent Court (UPC) aims to provide expeditious decisions for its litigants. That means that there is a higher bar for obtaining extensions of time. As exemplified in BMW v. ITCiCo, the UPC’s reluctance to grant...more

McDermott Will & Emery

Skilled Artisan’s View Is Decisive in Assessing Asserted Claim Drafting Error

McDermott Will & Emery on

The Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the legal standard for correcting obvious type inaccuracies in patent claims, explaining that the view of a skilled person at the filing date is decisive...more

WilmerHale

The Rising Threat of German Patent Litigation: Are You Ready?

WilmerHale on

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs), and with the ready availability of...more

McDermott Will & Emery

UPC Issues First FRAND Decision

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In a landmark decision, the Unified Patent Court’s (UPC) Local Division Mannheim set standards for enforcing standard essential patents (SEPs) and for negotiating fair, reasonable, and nondiscriminatory (FRAND) licenses under...more

Jones Day

Unified Patent Court: First Ruling on Equivalent Infringement

Jones Day on

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the...more

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