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The latest on the UPC

UPC Infringement Actions: Is Speed Meeting Expectations?

The Expected Timeline The preamble to the Rules of Procedure sets out the lofty aim that “proceedings shall be conducted in a way which will normally allow the final oral hearing on the issues of infringement and validity at first instance to ta...

UPC Agreement Is Not EU Law, No Referrals to CJEU

expert v. Seoul Viosys, UPC_CoA_380/2025 Order of 20 August 2025 (ORD_22147/2025)[1] This order from the UPC Court of Appeal clearly states that the Court of Justice of the EU cannot be asked to interpret the UPC Agreement and Rules of Procedure. T...

Unconventional Service: igus v. Whale Technology

UPC_CFI_318/2025, decision of 5 August 2025 (ORD_34299/2025)[1] In a default judgment issued by the Düsseldorf Local Division of the Unified Patent Court, Whale Technology (Shanghai) Co., Ltd. was found to have infringed European Patent EP391224...

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Analysis and Guidance

Unlocking UPC Success: A Five-Step Framework

What is the UPC? The UPC is a new pan-European court which opened for business on 1 June 2023. It adjudicates disputes relating to European patents (unless they have been opted out), including unitary patents. Instead of litigating country-by-country,...

Claim construction at the UPC

For a European patent to be granted, the claims must be “clear and concise”. However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity proceedings. In these cases, the scope of the c...

Terminology at the Unified Patent Court

The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the Case Management System, some issues of terminology a...

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