Chinese companies and the UPC: from enforcement targets to strategic users

​
August 13, 2026

The Unified Patent Court (UPC) recently published its 2025 Annual Report, offering a useful snapshot of the court’s development during its second full year of operation. Interestingly, the report highlights the growing prominence of Chinese parties in UPC litigation.

Among infringement actions, China ranks third by claimant origin following Germany and the United States, and fourth by defendant nationality following Germany, The Netherlands and France, underscoring the increasing importance of Chinese companies within the UPC system.

The annual report, however, does not provide a detailed analysis of Chinese participation in patent infringement proceedings. To address that gap, this article undertakes an independent review of all patent infringement actions filed before the UPC Court of First Instance during 2025.

Using the UPC's public case search tool, each infringement action was reviewed individually to identify cases involving at least one Chinese party and to record the relevant technology sector, procedural venue and party position.

The review identified 253 infringement actions recorded in the UPC public case search tool for 2025, of which 97 involved at least one Chinese party.

Chinese parties therefore appeared in approximately 38% of the visible infringement docket.

Chinese-party share of the 2025 UPC infringement docket
0 50 100 150 200 250 Chinese party 97 cases · 38% No Chinese party 156 cases · 62%

The figures confirm that Chinese companies are now among the most frequent participants in UPC litigation. More importantly, they suggest that Chinese companies are transitioning from being primarily enforcement targets to becoming increasingly sophisticated users of the system.

Chinese companies predominantly defendants

The most immediate observation is that Chinese companies continue to be on there receiving end of infringement litigation more often than they act as claimants. Among the 97 cases involving Chinese parties, 84 involved at least one Chinese defendant. Twenty involved a Chinese claimant, including seven disputes in which both claimant and defendant were Chinese entities.

How Chinese parties appeared across the 97 cases
0 20 40 60 80 Defendant only 77 cases Claimant only 13 cases Both Chinese 7 cases

Many of the defendants operate in sectors characterised by intensive patent licensing and enforcement activity, particularly telecommunications, consumer electronics and connected devices.

The data also reveal repeated enforcement campaigns against a relatively small group of companies, including Xiaomi, Transsion, Huawei, OPPO, vivo, BYD, TCL and Hisense. This pattern is consistent with broader global trends in which major operating companies and licensing entities pursue portfolio-based litigation strategies against significant market participants.

Repeat Chinese defendants named in the 2025 UPC docket
Xiaomi
Transsion
Huawei
OPPO
vivo
BYD
TCL
Hisense

For rightsholders, the UPC's ability to deliver remedies covering multiple European jurisdictions through a single action makes it an attractive forum for such campaigns.

For Chinese companies with substantial European operations, the UPC has therefore become a significant litigation risk requiring strategic attention rather than merely reactive defence.

Telecoms remains the centre of gravity

The technology distribution of the cases is equally revealing. Telecommunications and standards-related disputes accounted for the largest share of the docket. Many involved standard essential patents, codec technologies and licensing programmes associated with mobile communications and connected devices.

The UPC offers SEP owners a potentially powerful enforcement mechanism, while implementers face the prospect of pan-European injunctions and damages claims. Unsurprisingly, the court is increasingly becoming part of the global forum competition surrounding SEP disputes.

At the same time, Chinese-party litigation before the UPC is no longer confined to telecommunications.

Significant numbers of cases arose in manufacturing, consumer electronics, chemicals, semiconductors, medical devices, batteries and solar technologies. Particularly notable is the growing presence of disputes involving energy-transition technologies and advanced manufacturing.

The diversification of technologies appearing before the court suggests that the UPC is becoming relevant to a much broader range of Chinese businesses, not only those operating in traditional SEP-heavy sectors.

Germany remains the primary battleground

Venue selection continues to reflect familiar European patent-litigation dynamics. Munich emerged as the leading UPC division for disputes involving Chinese parties, with Mannheim and Düsseldorf also handling substantial numbers of cases. Together, the German local divisions accounted for the overwhelming majority of the litigation.

This concentration reflects the long-standing experience of the German patent judiciary, the commercial significance of the German market and litigants’willingness to build on enforcement strategies developed before the UPC’s creation.

An equally notable feature of the dataset is that Chinese claimants overwhelmingly chose German divisions when enforcing their own patents.

This suggests that Chinese patentees have rapidly adopted the same forum-selection preferences as established European and US litigants, viewing Munich and Mannheim as the UPC's most influential venues for technology disputes.

Where Chinese-party UPC disputes are heard
Munich
Mannheim &
Düsseldorf
The Hague
Caseload of Chinese-party disputes
Leading
Major
Rising
Chosen by Chinese claimants?
Preferred
Preferred
Rarely

The Hague division also saw increasing involvement of Chinese parties, but Chinese claimants rarely selected it as their preferred venue. Instead, Chinese companies appearing before that division were generally defendants responding to actions brought by others. For in-house counsel and patent owners, the data reinforce the importance of Germany as the central venue for UPC enforcement strategies.

The rise of Chinese claimants

Perhaps the most significant development is the growing number of Chinese companies using the UPC offensively. Twenty of the 97 cases involving Chinese parties were initiated by Chinese claimants. Although Chinese entities remain defendants more often than claimants, the emergence of a meaningful claimant cohort is itself noteworthy.

The data suggest that leading Chinese patent owners increasingly view the UPC as a practical mechanism for enforcing patent rights across Europe.

Companies such as Huawei and Yangtze Memory Technologies are no longer merely defending themselves against foreign rightsholders; they are actively leveraging the UPC to support broader commercial and licensing objectives.

Perhaps the clearest indicator of the UPC’s maturation is the emergence of Chinese-versus-Chinese disputes. Seven of the 20 cases brought by Chinese claimants involved Chinese defendants, spanning telecommunications, electronics, manufacturing and solar technologies.

Historically, many disputes between Chinese companies with international operations might have been litigated primarily before Chinese courts. Their appearance before the UPC suggests that parties increasingly regard the court as a strategically important forum for resolving global competitive conflicts

What the data suggest for 2026 and beyond

The findings point to a broader structural shift in the role of Chinese companies within the international patent system.

First, Chinese businesses are becoming an indispensable part of the UPC ecosystem. Their participation is no longer limited to isolated disputes involving a handful of technology companies.

Second, the court is increasingly being used as a strategic enforcement tool by sophisticated Chinese patent owners seeking Europe-wide remedies.

Third, the expansion of litigation into sectors such as semiconductors, medical devices, batteries and renewable-energy technologies suggests that Chinese involvement in UPC proceedings will continue to diversify beyond telecommunications and SEPs.

For patent owners, implementers and investors, the implication is clear, understanding Chinese litigation behaviour is becoming an essential component of UPC strategy. The most important question is no longer whether Chinese companies will participate in the UPC system, but how rapidly they will expand their use of it as both defendants and rightsholders.

The evidence from the 2025 docket suggests that this transition is already underway.

Chinese companies are no longer participating in the UPC primarily because they are being sued there. Increasingly, they are participating because they regard the court as a valuable strategic asset in their own patent enforcement programmes.

‍

Author: Xiaofan Chen - Partner, Chinese Patent Attorney

The Latest Thought Leadership pieces in the Content Hub

No items found.
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

Heading
This is some text inside of a div block.
This is some text inside of a div block.

Latest Insights

Showing 0 of 100
The contentious role of intellectual property in cryptographic standardisation
12 January 2026
This article explores how intellectual property rights affect the development and adoption of post-quantum cryptography standards. It highlights NIST’s proactive approach to patent licensing for new algorithms, reviews historical cases like RSA and ECC, and discusses the importance of clear IP terms for widespread cryptographic adoption.
#
Patenting
​
System architecture in quantum computing – history repeating itself?
24 December 2025
This article explores the evolution of system architecture in quantum computing, drawing parallels with the early days of classical computing. It discusses the current challenges in quantum hardware, the emergence of quantum instruction set architectures (ISAs), and the potential for a RISC vs. CISC debate similar to that in classical computing. The piece highlights opportunities for innovation and intellectual property, suggesting that the choices made now could shape the future landscape of quantum technologies and licensing.
#
Patenting
​
Strategic licensing: Turning IP into commercial value
09 December 2025
In today’s competitive landscape, effective commercial licensing strategies are essential for unlocking the full value of intellectual property. This article explores four critical pillars: understanding intellectual property as a property right, the fundamentals of licensing intellectual property rights, structuring successful joint ventures and best practices for intellectual property rights management. Whether you’re navigating new markets or scaling established innovations, these tips provide a roadmap for protecting, leveraging and maximizing your IP assets.
#
Consulting
​
The people, physics and patents of the 2025 Nobel prize
09 December 2025
The 2025 Nobel Prize in Physics recognised John Clarke, Michel H. Devoret, and John M. Martinis for proving macroscopic quantum tunnelling in electric circuits, a breakthrough that enabled quantum computing. Their pioneering research led to hundreds of patents, including innovations in MRI and quantum technology, highlighting the real-world impact of their discoveries.
#
Patenting
​
Vision 2035: The need for Innovation to meet ambitious targets set by the UK’s new critical minerals strategy
03 December 2025
The UK’s Critical Minerals Strategy 2025 sets ambitious targets to secure essential minerals for key industries by boosting domestic production, recycling, and innovation. The article highlights the vital role of intellectual property (IP) in supporting technological advances, encouraging collaboration, and strengthening the UK’s supply chains for a sustainable future.
#
Consulting
​
Research underlying Nobel prize in chemistry has sparked innovation and patent filings
02 December 2025
The 2025 Nobel Prize in Chemistry recognised the creators of metal-organic frameworks (MOFs), innovative materials with huge potential for water harvesting, clean energy, and environmental solutions. Their work has sparked a surge in global patent activity and new industrial application.
#
Patenting
​
UKIPO fee increases from April 2026: What it means for your IP strategy
25 November 2025
Provisional and interim injunctions both refer to temporary court orders granted before a full trial, aimed at preserving the status quo or preventing harm. In UK law, “interim injunction” is the standard term, while “provisional injunction” is less common and typically used in international contexts. Both serve the same purpose: urgent relief until the case is fully heard.
#
Patenting
​
Sustainable models: content licensing for generative AI training
21 November 2025
It is fair to say that no technology in recent times has created so much excitement and controversy as generative AI, and in particular Large Language Models (LLMs). Generative AI companies and their backers have their sights on generating billions, if not trillions of dollars, directly or indirectly from their models. Models which, in the vast majority of cases, are trained on original works without permission from, or payment to, their authors. The works used for training are primarily obtained by scraping the open web, a uniquely vast repository of publicly accessible knowledge and information, constantly updated to reflect the latest developments in human knowledge and culture.
#
Consulting
​
What should you look to protect in a (bio)pharma IP strategy?
18 November 2025
#
Patenting
​
Trade Secrets: Navigating geopolitical risks and IP theft in the semiconductor industry
04 November 2025
Semiconductors have always been a critical technology but have grown significantly in strategic importance in recent years. They have become the key building block in developing and existing markets, including quantum computing, edge computing, AI, IoT, automotive, cellular data technology, smartphones, robotics, and many more. The complex designs and innovations that power semiconductor manufacturing are invaluable both to the world’s economy and technological advancement. Consequently, the semiconductor industry has found itself at the centre of geopolitical tensions, especially between the United States and China. It has become a prime target for cyberattacks and intellectual-property (IP) theft. As such, companies operating in this area must be more vigilant in protecting their intellectual assets.
#
Consulting
​
UPC takes strict approach on costs reimbursement
30 October 2025
Insulet v. EOFlow UPC_CFI_773/2025 and UPC_CFI 774/2025 (Milan CD), decision of 15 October 2025[1] The dispute began when Insulet sought a provisional injunction against EOFlow to prevent...
#
Litigation
​
UPC Considers but does not decide exhaustion of rights in relation to consumables
30 October 2025
Brita v. Aquashield UPC CFI 248/2024 (Munich LD), decision of 22 August 2025[1] UPC CFI 564/2024 (Munich LD), decision of 16 October 2025[2] Brita sued Aquashield and others for infringement of...
#
Litigation
​
Beyond Borders: A Backpacker’s Take on Why Your Patent Strategy Needs a Global Mindset
29 September 2025
In today’s interconnected world, innovation rarely stops at borders. Whether you’re a multinational corporation or a UK-based business with global ambitions, your patent strategy should reflect the reality that your products, services, and competitors operate internationally. Much like a well-travelled backpacker planning a round-the-world adventure, businesses must prepare carefully—mapping out routes, anticipating local rules, and packing what’s essential—to ensure a smooth journey.
#
Patenting
​
UPC Infringement Actions: Is Speed Meeting Expectations?
23 September 2025
The Unified Patent Court promised simplified and faster patent litigation across Europe. Two years in, we look at whether it’s delivering on that promise. For patent holders and defendants alike, the duration of infringement actions can significantly impact market strategies, investment decisions, and competitive positioning. In this article, we set out an in-depth analysis of how the court’s procedural rules are shaping the pace of litigation. By examining key milestones—from the filing of an infringement action to the issuance of a final judgment—we assess whether the UPC is delivering on its promise of efficiency.
#
Litigation
​
Emerging Practice Points from the UPC
02 September 2025
We have been keeping a close eye on the decisions coming out of the UPC and as the court starts to establish itself a number of practice points are starting to emerge.
#
Litigation
​