UPC Unpacked: Issue 5

20th August 2024 •

Discover UPC insights

Each month, our UPC experts delve into the Unified Patent Court, to unpack key insights from what’s been happening at the UPC, and share their findings.

The UPC's first decided cases: What do they teach us about the Court's approach?

Examining recent decisions on the merits in infringement and revocation cases. Key findings on the UPC’s approach to the fundamentals of European patent validity.

Over the last few weeks, the first cases have been decided at the UPC. What key learnings can be derived from these cases? What do they teach us about the Court’s approach to claim construction, added subject matter, novelty and inventive step? And how does the UPC’s approach compare with that of the EPO?

In his article, Matthew Howell, examines five decided cases and pulls out key insights into the Court’s approach to the fundamentals of European patent validity.

Read the article to find out more.

The UPC's caseload: What do the numbers tell us?

Which actions and measures are being used? Are patentees favouring particular locations? What else can be learnt from the caseload?

James Ward examines the caseload of the UPC since it opened its doors on 1 June 2023. He discusses how the Court is being used, which actions and measures are proving popular, or less so, as well as delving into other aspects of the new system, drawing conclusions that will be useful to parties considering initiating their own proceedings.

Read the article to find out more.

SEP and FRAND cases at the UPC: How are they developing?

What trends are we seeing?

In his short video, Jamie Rowlands summarises ongoing actions at the UPC that relate to SEP and FRAND disputes.

He delves into the parties involved in litigation, what the cases relate to, where they are being heard and the latest developments, pinpointing four emerging trends in this space.

Watch the video in full below.

On-demand webinar

Unpacking the UPC: Expert insights and lessons learnt

On 11 September our team of UPC experts shared their insights on the Unified Patent Court and practical tips they’ve gleaned through their own first hand experience of the Court.

UPC representatives Matthew Howell and Greg Ward, together with Jamie Rowlands, IP litigation specialist, discuss recurring themes they’ve identified from delving into decided cases and examining the approaches taken by the UPC, as well as lessons learnt from these cases and their own experiences.

The webinar was hosted by another member of our UPC team, solicitor Sanjeet Plaha.

Read the full details of the webinar and request the recording here.

Did you miss Issue 4 of UPC Unpacked?

Last month, our UPC experts shared these insights:

Learnings on navigating jurisdictional issues
The origins of infringement actions
All you need to know about security for costs

Read Issue 4

Need assistance?

This is for general information only and does not constitute legal advice. Should you require advice on this or any other Unified Patent Court related topic then please contact upc@hlk-ip.com or your usual HLK advisor.