"It's been a year of significant decisions from the Unified Patent Court (UPC), from both the first instance Local Divisions (LDs) and Central Division (CD) and the Court of Appeal (CoA). Jurisdiction and, as more appellate decisions become available, the substantive law on patent validity and infringement, have come into focus. Decisions relating to enforcement also provide helpful indications for the future."
"After 2.5 years of operation, the statistics on outcomes begin to be more meaningful. Based on our review of data published by the UPC, since the UPC began operation on June 1, 2023, of cases in which at least a first instance decision was given: Just over 50% of infringement actions have resulted in the patent being declared valid (as granted or as amended) and infringed. Around 25% have been found not infringed and 25% have been found invalid"
The UPC has interpreted BSH v Electrolux as supporting authority to issue cross-border injunctions, including for countries not participating in the UPC. After 2.5 years of operation, just over 50% of infringement actions resulted in patents being declared valid and infringed, about 25% were found not infringed and 25% invalid. For revocation-only actions, 36% of patents were revoked. Just under 65% of preliminary injunction applications were granted at first instance, while preservation-of-evidence applications were almost universally granted. Just over 25% of first-instance decisions have been overturned on appeal. Many cases settle before first-instance decisions.
Read at IPWatchdog.com | Patents & Intellectual Property Law
Unable to calculate read time
Collection
[
|
...
]