Round-up of UPC case law to the end of 2024

Round-up of UPC case law to the end of 2024

Journal Article

1 online resource (pages 257–264)

The Unified Patent Court (UPC), which opened its doors on 1 June 2023, has now been in operation for over 18 months, during which time it has attracted a respectable body of patent litigation and established a significant body of case law, some of the highlights of which this article surveys. In 2024, the UPC saw the filing of 172 infringement actions (the vast majority in the four German local divisions), 114 of which attracted counterclaims for revocation, along with 31 standalone revocation actions and 41 applications for provisional measures, preservation of evidence and orders for inspection, many of which will have been followed by actions on the merits.1 However, to put these figures into perspective, one should compare them with the 551 patent infringement cases that were brought in Germany alone in 2024, although this figure represented a drop from the 601 such cases started in 2023,2 suggesting that many cases that would have previously been brought in Germany, as Europe’s largest market, are now proceeding in the UPC, even though the nature of the split system in Germany, by which infringement proceedings are determined more quickly than revocation proceedings, provides a procedural benefit for patentees which in practice they lack in the UPC.

Intellectual Property Law & Practice, 20, 4, 2025.

Oxford, UK : Oxford University Press, 2025.

Anglais

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