After seven months of proceedings at the Unified Patent Court (UPC), we can already look back on more than 200 cases, with more than three quarters of the cases pending in connection with infringement actions and nullity actions. German local divisions, such as Munich, followed by Mannheim and Düsseldorf, are setting standards in the establishment of jurisdiction. Germany thus retains its pioneering role in patent litigation, with Munich significantly increasing its relevance.
Even though patent infringement disputes are primarily conducted in the fields of electronics/telecommunications and life sciences, other technologies, e.g. printing and storage, as well as household items, are also relevant.
Current data shows that the majority of plaintiffs in patent litigation are based in Japan, the USA and the region of the member states of the UPC. Originally, it was thought that alleged patent infringers from China would be the main targets of UPC litigation, but it has now emerged that most defendants are surprisingly headquartered in Europe, followed by the USA and China.
This means that the unitary patent system is currently mainly used to settle patent disputes between European companies. Particularly in view of the fact that the current case law on the UPC hardly allows any extensions of time limits, we recommend that clients prepare for possible patent infringement actions, including nullity actions, at an early stage.
Questions?
If you have any questions about this topic, please contact Ute Feldmann.