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UPC Unpacked: Issue 1

Introducing our new UPC insights series

Each month, we’ll bring you valuable insights from our UPC experts, who’ll unpack learnings from what’s been happening at the Unified Patent Court.

First Court of Appeal decision

What does it mean for the assessment of inventive step?

Joseph Lenthall explores the first decision from the UPC’s Court of Appeal and gives his view on the implications for future patent validity assessments in Europe.

The Court overturned a preliminary injunction, citing lack of inventive step, in a patent dispute between 10X Genomics and Nanostring Technologies.

Read his in-depth article.

Matthew Howell

Opting out of the UPC: Cautionary tales

Why is it of critical importance to comply with the rules around opting out and withdrawing opt outs?

Matthew Howell explains the opt rules and uses some early decisions from the UPC as cautionary examples of why you need to get your opt outs right.

Read his observations here.

Greg Ward

Bifurcation of Court proceedings

What is it? How does it arise? How might the UPC handle the possibility of bifurcation?

In this video, Greg Ward explains how bifurcation of court proceedings might arise, in the context of the UPC, and shares his views on how this potential scenario might be handled at the UPC and how defendants are responding.

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

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