Unified Patent Court – Update January 2024

UPC – Case Load – Update

Since its inception in June 2023, the Unified Patent Court (UPC) has been actively engaged in handling a variety of cases, showcasing a significant workload that underscores its importance in the field of intellectual property law. The latest update shows that the UPC has managed a total of 217 cases, providing a snapshot of the diverse legal proceedings overseen by the new European court.

Overview of Case Distribution

Among the 217 cases, infringement actions constitute a substantial portion, with a total of 83 cases filed across the various local and regional divisions of the UPC. Munich leads the pack with 29 infringement actions, followed by Düsseldorf with 17, and Mannheim with 11. Paris, as another significant hub, has already received 9 cases, while the Nordic Baltic regional division accounts for 5 cases. Additionally, Hamburg, Milan, and The Hague have each seen 3 infringement actions, while Brussels, Helsinki, and Vienna have a single case each.

Counterclaims for revocation, an essential aspect of patent litigation, have been filed in response to infringement actions. The UPC has recorded a total of 86 counterclaims, stemming from 26 individual infringement actions. This detail highlights the intricacies of legal proceedings within the UPC, emphasizing the need for thorough examination and understanding of case specifics.

Provisional Measures and Revocation Actions

Beyond infringement actions and counterclaims, the UPC has also dealt with provisional measures and revocation actions. 22 cases have involved provisional measures, indicating the court’s responsiveness to urgent matters requiring immediate attention. On the other hand, 25 revocation actions against granted European patents have been initiated, with Paris leading with 21 cases and Munich following with 4 cases. These numbers underscore the multifaceted nature of patent disputes and the UPC’s role in adjudicating them effectively.

Appeals and Language of Proceedings

In addition to the primary case types, the UPC has already handled 11 appeals, showcasing its role in the appellate process and ensuring a fair and thorough review of legal decisions.

Language plays a crucial role in the proceedings, with 47% conducted in German and 43% in English. It should be noted that German remains the predominant language of proceedings.

Conclusion

The UPC’s case load update offers valuable insights into the breadth and complexity of patent litigation within its jurisdiction. From infringement actions to counterclaims, provisional measures, and revocation actions, each case type underscores the intricate legal landscape the UPC navigates.

As the UPC continues to evolve and establish itself as a key player in patent law, these case statistics provide a comprehensive overview of its operations and underscore its significance in harmonizing patent litigation across Europe.

Stay tuned for further updates as the UPC continues to shape the future of intellectual property law in the European Union and beyond. Please contact our UPC team if you require further information.