News & Analysis as of

Intellectual Property Protection Unified Patent Court Germany

Herbert Smith Freehills Kramer

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

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 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

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

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

McDermott Will & Emery on

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

McDermott Will & Emery

Legal Lens on the Unified Patent Court | August 2024

McDermott Will & Emery on

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

McDermott Will & Emery

Legal Lens on the Unified Patent Court | July 2024

McDermott Will & Emery on

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

McDermott Will & Emery

Legal Lens on the Unified Patent Court - March 2024

McDermott Will & Emery on

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

Jones Day

Unified Patent Court Publishes Its First Case Load Statistics

Jones Day on

The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

A&O Shearman

UPC: Better comply with UPC judgments – first penalty payment ordered

A&O Shearman on

On 18 October 2023, the Düsseldorf local division of the UPC in myStromer vs. Revolt Zycling (UPC_CFI_177/2023) imposed a EUR26,500 penalty on Revolt for breaching a preliminary injunction. This is the first penalty payment...more

A&O Shearman

UPC denies third party access to revocation action and evidence

A&O Shearman on

In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more

McDermott Will & Emery

The UPC Means Business: Patentee Wins Preliminary Injunction

McDermott Will & Emery on

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

McDermott Will & Emery

A Win for Patentees: UPC Issues First Reasoned Decisions

McDermott Will & Emery on

The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more

McDermott Will & Emery

Are You Ready for the UPC? Act Now to Prepare for Its Opening on June 1

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court (UPC) and triggered the UPC’s entry into force on June 1, 2023. The UPC will revolutionize patent enforcement across Europe and impact companies...more

Jones Day

Still Alive: The German "Automatic Injunction" in Patent Infringement Cases Under the New Patent Act

Jones Day on

The new PatG provides an exception to the general rule that injunctions result as a direct consequence of infringement for cases in which an immediate injunction would result in disproportionate hardship when weighing the...more

A&O Shearman

Kickoff of the UPC: UPC Protocol on Provisional Application now in force

A&O Shearman on

On 19 January 2022, the Unified Patent Court (UPC) came to life as an international organisation. Now, the preparatory phase for the official start of the UPC system can begin....more

McDermott Will & Emery

Only One More Ratification Needed: European UPC Might Be Ready to Launch

McDermott Will & Emery on

The German parliament recently passed the Approval Act (the Act) regarding the planned European Unified Patent Court (UPC) and the protocol on a UPC on provisional application (PPA). The Act was passed after Germany’s Federal...more

A&O Shearman

German Federal Constitutional Court paves the way for the UPC

A&O Shearman on

As an international treaty the Agreement on a Unified Patent Court (UPCA) provides for the establishment of the Unified Patent Court (UPC). As a joint Court of the Contracting Member States, the UPC shall have its own legal...more

Faegre Drinker Biddle & Reath LLP

German Constitutional Court Voids Country’s Participation in Proposed Unified Patent Court

On Friday, March 20, the German Constitutional Court (Bundesverfassungsgericht) ruled that the nation’s ratification of the Unified Patent Court Agreement is void because the German parliament (Bundestag) did not follow the...more

Morrison & Foerster LLP

Hard Knocks Keep Coming For Europe’s Unified Patent Court

With brexited UK announcing that it will not join Europe’s long-awaited Unified Patent Court (UPC), the establishment of an efficient pan-European patent litigation system faces ever-mounting challenges. Last Friday, the...more

Hogan Lovells

Unified Patent Court update: German Federal Constitutional Court ruling

Hogan Lovells on

Today, on 20 March 2020, the Federal Constitutional Court in its decision on the Unified Patent Court ruled on the constitutional complaint against the law approving the agreement of 19 February 2013 on a Unified Patent Court...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review – European Issues

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The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

Hogan Lovells

U.S. + Germany Patent Update – July 2018

Hogan Lovells on

The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

Jones Day

Two Down, One to Go: The UK Ratifies Unified Patent Court Agreement

Jones Day on

On April 26, 2018, the United Kingdom ratified the Unified Patent Court Agreement ("UPCA"). This act removed any doubts concerning the United Kingdom's determination to participate in the agreement post-Brexit. However, the...more

Hogan Lovells

UPC and Germany: Status update - Constitutional complaint, ratification timeline and more

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The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the...more

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