Unified Patent Court
Multinational patent court
The launch of the Unified Patent Court (UPC) on 1 June 2023 marked the most significant reform of the European patent system in decades. As the UPC continues to take shape, it raises new questions, challenges, and strategic considerations. We are actively engaged in these dynamic developments, representing clients in multiple proceedings at both the lower court and appellate levels.
The shift from the European Patent (EP) as a bundle of national rights, to European patents with unitary effect (Unitary Patents or UPs) introduces a new strategic dimension for patentees and implementers alike. With 17 member states currently participating, the UPC as a multinational court for pan-European patent litigation allows for streamlined enforcement and defense of patent rights across a broad European territory.
The UPC system presents exciting opportunities for both patentees and implementers by introducing a unified approach to patent registration and enforcement across participating states. This shift offers practitioners a fresh perspective on patent strategy and portfolio management, enabling more efficient and coordinated enforcement. Patentees can now pursue remedies, such as injunctions and damages, across the entire UPC territory through one single proceeding. At the same time, alleged infringers benefit from faster resolution of legal uncertainty, whether by seeking revocation of a UP or obtaining a declaration of non-infringement.
Contact
Tobias Cohen Jehoram
Partner
Anne Marie Verschuur
Partner
Bart de Rijke
Partner
Bertrand ter Woort
Senior Associate
“Anne Marie Verschuur sets the standard, heralded nationally as a “top-of-the-bill patent litigator". She has been a serial stellar performer, embodying a “meticulous, highly persuasive and all-round excellent advocate, including before the UPC. She deeply enriches the firm with incredible analytical skills, the utmost dedication to the task and robust legal knowledge. Anne Marie can be trusted to ensure all loose ends have been resolved.”"”
DE BRAUW'S INTEGRATED APPROACH IS WELL-SUITED FOR UPC LITIGATION
We are well-positioned to support clients through this landmark development in European patent law. 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 focused on technology and patents.
The team includes six registered UPC representatives and is fully integrated into De Brauw's broader litigation practice of over 150 lawyers. We have been closely involved in the development of the UPC system and bring a multidisciplinary perspective to every case. Our strong track record in complex, multidisciplinary cross-border disputes makes us particularly effective in enforcement and invalidation proceedings - ranging from pharmaceutical matters to high-tech sectors, including matters related to standard essential patents (FRAND litigation). With a robust international network and the ability to operate seamlessly in cross-border teams, we are proud to represent clients in UPC cases with diverse, collaborative teams tailored to each matter.
“Tobias Cohen Jehoram stands as a both a thought leader and potent legal practitioner of Dutch intellectual property, with a golden track record spanning more than three decades. He is reputed for his role in the most prestigious, high-profile patent litigation before the Dutch Supreme Court.”
“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.”
De Brauw's UPC team is purpose-built to meet the demands of UPC litigation – characterized by short deadlines, complex subject matter, and a multinational bench. Our team is composed of experienced Dutch patent litigators who work in close collaboration with a trusted network of other top-tier patent litigators across key EU jurisdictions. This set-up allows us to seamlessly integrate local expertise where needed, ensuring efficient and effective representation across borders.
We also draw on our extensive experience managing large-scale, complex litigation projects beyond IP—such as mass claims and follow-on cartel damages cases—bringing proven project management skills and strategic insight to every UPC matter.
Our UPC team also benefits from the diverse expertise of colleagues from our arbitration practice, who bring valuable experience in areas such as witness cross examinations – an increasingly important aspect of UPC proceedings. We complement this with strong technical capabilities across disciplines; for example, one of our team members holds a PhD in chemistry, enhancing our ability to handle technically complex cases.
In FRAND-related matters, we collaborate with our leading competition law colleagues, who have extensive experience in dealing with these kinds of matters. By having this diverse, multidisciplinary, broad and flexible team, we are able to deliver the highest level of service and expertise – making 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