Unified Patent Court
New multinational patent court
The launching of the Unified Patent Court (UPC) on 1 June 2023 marked the most radical reform of the European patent system in decades. The UPC raises new questions and concerns and requires new strategies. We are an active part of these exciting developments, dealing with several matters at the lower court and appellate levels.
The European Patent (EP) – which consists of a bundle of national patents in selected EU member states – is making room for European patents with unitary effect (Unitary Patents - UPs), whose territorial scope extends to all participating UPC states (currently 17 have ratified). The traditional country-by-country approach to litigation now faces serious competition from the UPC: a multinational court for pan-European patent litigation.
The UPC system offers exciting opportunities for patentees and implementers, as it creates a single approach to patent registration and enforcement across the UPC states. This gives practitioners a new perspective on patent strategy and on enforcement of patent portfolios. Patentees are able to seek remedies, such as injunctions and damages for the entire UPC territory in one proceeding. At the same time, alleged infringers are able to establish their market position faster by having a UP revoked or by asking for a declaration of non-infringement.
Contact
Tobias Cohen Jehoram
Partner
Anne Marie Verschuur
Partner
Bart de Rijke
Partner
Bertrand ter Woort
Senior Associate
“With the launch of the UPC, a new era of patent litigation in Europe has started covering a huge market. Along with the central division, local divisions are and will also be playing an essential role, including the important Dutch location. Since the UPC started, we have seen that it is speedy, used by companies from a wide range of industries (including – to a larger degree than expected – life sciences) and that English is often used as working language. Also, multinational teams are key to match the multinational composition of the judges' panels. With our UPC team and international outlook, we are ready to provide any assistance needed across all areas of law, ranging from patent law to competition (FRAND) defences, procedural aspects and more!”
DE BRAUW'S INTEGRATED APPROACH IS WELL-SUITED FOR UPC CASES
De Brauw is well positioned to assist clients with this milestone development, and in litigating before the UPC. Our IP/Tech team is led by Tobias Cohen Jehoram, a seasoned IP litigator and Supreme Court lawyer with ample experience in patent litigation, and Anne Marie Verschuur, an experienced IP litigator who focuses on technology and patents. The team includes six UPC representatives and forms an integrated part of De Brauw's 150+ litigation practice and closely participated in the development of the UPC system. Our multidisciplinary approach and strong track record makes us particularly well suited for complex, multidisciplinary cases – including enforcement and invalidation proceedings, and ranging from pharmaceutical cases to other technological sectors – and for matters related to standard essential patents (FRAND litigation). We have a solid network in all important jurisdictions and operate in international teams. We are proud to participate in UPC cases with our diverse teams.
“Anne Marie Verschuur is one of the best European IP litigators, with a core experience in patents. She is one of the top five individuals in the Netherlands and goes the extra mile for her clients! Anne Marie Verschuur is a very bright and good litigator. Pleasant to work with, never leaving open ends. She is a very good pleader as well. Tobias Cohen Jehoram is an IP luminary, though very approachable and pragmatic in his advice. His team consists of talented lawyers with the same mindset.”
The set-up of De Brauw's UPC team is tailored to the size and scope of UPC proceedings, with short deadlines and judges with different national backgrounds. This is why our UPC team consists of Dutch patent litigators, and closely works together with a network of leading patent litigators in other EU jurisdictions, as needed. This allows us to call on local experts and to carry out our work seamlessly. We also rely on our deep experience with large, complex litigation projects in non-IP cases (mass claims, follow-on cartel damages claims, etc).
Our UPC team also includes members from our arbitration practice, whose backgrounds vary and who have specific experience with the various new aspects of UPC litigation, such as witness cross examinations. We complement this with our technical expertise in different fields; for example, we have a team member who has a PhD in chemistry. For FRAND cases, we call on our leading competition law colleagues who have ample experience in dealing with these kinds of matters. By having a diverse, broad and flexible team, we are able to provide the best possible service and the highest level of expertise that can make the difference in litigation before the UPC.
“In our IP practice we focus on complex, cutting-edge, multi-jurisdictional litigation, and of course patent litigation is part of that. In our practice we operate in the forefront of cross-border litigation end have built up ample experience in coordinating EU or worldwide IP litigation cases. With the tech expertise in the team and being involved in the most important FRAND cases, we are geared up for UPC litigation. From the UPC Agreement and Rules of Procedure, it is already clear that many strategic choices are available, both for plaintiffs and defendants.”
Insights
CJEU issues important decision on cross-border patent injunctions
The UPC in 2024: five key decisions
FRAND developments in the Unified Patent Court: where do we stand?
Team
Tobias Cohen Jehoram
Partner
Bart de Rijke
Partner
Anne Marie Verschuur
Partner
Bertrand ter Woort
Senior Associate