Bristows’ UPC experiences: 2 years in

Two years has passed since the Unified Patent Court opened its doors, with the promise of a one-stop shop for patent litigation relating to European and Unitary Patents, spanning (now) 18 member states. Bristows' patent litigators have taken time to pause and reflect on their experiences to date; and wanted to share some reflections from just three of our UPC matters to celebrate the Court's 2nd Birthday! 

"Being well prepared and open to working in flexible and different ways is key to success when deadlines are short and judicial guidance from the UPC can be limited"; “I have been very impressed with the responsiveness of Judge Postiglione of the Milan Central Division and the practical and proactive position he has taken.” Accord v Novartis, Milan Central Division, UPC_CFI_61148/2024.

“We have been impressed with Court’s pragmatic approach to case management, particularly when grappling with issues such as orders to produce evidence, where the case law of the UPC was not yet fully established. So far the Court has done an excellent job of dealing with these tricky issues whilst maintaining a streamlined (and fast!) procedure leading up to the final hearing.” Winnow Solutions Ltd v Orbisk B.V., The Hague Local Division, UPC_CFI_36388/2020

"There are still many opportunities for both claimants and defendants - the full scope of the Court's jurisdiction and procedural toolkit remains to be fully explored." 

Happy Birthday, UPC - we are looking forward to many more years of interesting legal developments! 

With one of the largest teams of patent litigators (including European-qualified lawyers) under one roof - comprising 14 Partners and more than 25 Associates, many with deep technical backgrounds - as well as our UPC Director in our Dublin office, we bring unparalleled experience in co-ordinating global patent strategies for some of the world’s most successful businesses. Want to know more about our UPC work? Get in touch with our team and explore our expertise here.