UPC
Online seminars.

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To enable you to deal in depth with all topics relating to contentious proceedings before the Unified Patent Court, we have put together a comprehensive series of seminars in which we have not only explained the main features of proceedings before the Unified Patent Court, but have also guided participants through all the procedural intricacies. The seminar series covered the entire procedure before the Unified Patent Court, from the preparation of an action to the enforcement of a decision. We have made the associated videos available for you on this page so that you can access them at any time.

22.04.2022 I Dr. Christof Augenstein

UPC Overview

– Overview of current developments and next steps – Litigation under the UPC: The structure and usual course of proceedings – Pros and cons of the opt-out: Tactical and strategic considerations on the corporate side

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25.05.2022 I Miriam Kiefer LL.M.

Substantive law in the UPC Agreement

– Application of the substantive provisions of the UPC Agreement to national proceedings – Differences to national German law, in particular contributory patent infringement – Discretionary decisions of the court on claims of the patent proprietor, in particular on injunctive relief – Limitation period

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22.06.2022 I Christopher Weber

General procedural rules

– General rules of procedure (Case Management, Rules 331 et seq.) – Amendment of claim, R. 263, Right to be heard, Rule 264, Withdrawal of claim, Rule 265 – Joinder and separation of proceedings – Majority of parties

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Here we offer you access to all videos of our online seminars.

UPC Update Online seminar series:

UPC Update 03.12.2024
  • Decisions

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UPC Update 18.09.2024
  • Decisions

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UPC Update 22.05.2024
  • Decisions

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UPC Update 20.03.2024
  • Decisions

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UPC Update 24.01.2024
  • Decisions

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UPC Update 11/30/2023
  • Decisions

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UPC Update 21.09.2023

Interim injunction proceedings

  • Case study myStromer AG ./. Revolt Zycling AG
  • Interim injunctions
  • Application formulation
  • Enforcement
  • Procedural issues

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UPC Countdown Online Seminar Series:

Practical and strategic questions about the launch of the UPC
  • Unitary patent and choice of law for license agreements
  • Unitary patent and consideration of the national state of the art
  • Exceptions to the ban on double protection

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Insight into the case management system
  • Structure of the CMS
  • How to get access to the CMS
  • Requirements for accessing and signing pleadings
  • Opt-out in practice

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Process tactical questions
  • Long-arm jurisdiction
  • Isolated action for annulment
  • Expert opinion

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22.05.2024 I Event

Seminar series: UPC Update

On 22.05.2024, our partner Dr. Christof Augenstein will explain the most important details from the decisions of the Unified Patent Court that have been issued in the meantime. This will keep you fully informed about the case law of the new court system.

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UPC Online Seminar Series – Preparation Phase:

UPC Overview
  • Overview of current developments and next steps
  • Litigation under the UPC: The structure and usual course of proceedings
  • Pros and cons of the opt-out: tactical and strategic considerations on the company side

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Substantive law in the UPC Agreement
  • Application of the substantive provisions of the UPC Agreement to national procedures
  • Differences to national German law, in particular
  • Indirect patent infringement
  • Discretionary decisions of the court on claims of the patent proprietor, in particular on injunctive relief
  • Statute of limitations

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Preparation of the complaint
  • Pre-litigation conduct of the parties
  • Preservation of evidence
  • Necessary content of a statement of claim
  • Language of the proceedings, Art. 49-51 UPC Agreement

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General procedural rules
  • General rules of procedure (Case Management, Rules 331 ff.)
  • Amendment of claim, R. 263, Right to be heard, Rule 264, Withdrawal of claim, Rule 265
  • Connection and separation of processes
  • Majority of parties

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From the statement of defense to the interlocutory proceedings to the oral hearing
  • Appointment and tasks of the Judge Rapporteur
  • Preliminary objections and their procedural treatment
  • Statement of defense and counterclaim for annulment
  • Options of the Board to decide on nullity, Art. 33 (3) UPC Agreement
  • Assignment of a technical judge, Rules 33, 34 and 37
  • Interim proceedings and oral hearing in detail

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Special types of procedure
  • Default judgment
  • Interim injunction proceedings
  • Isolated action for annulment
  • Negative declaratory action
  • Appeals and complaints procedure
  • Action for restitution

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Enforcement of UPC decisions, costs of the proceedings
  • Enforcement of decisions
  • Original competencies of the UPC
  • Suitability of penalty payments
  • Costs of the proceedings
  • Limitation of eligible costs
  • Assessment of fees according to the amount in dispute

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Requests for action
  • Formulation of the application for injunctive relief
  • Scope of information, recall, destruction
  • Regular security deposit?
  • Amount of provisional damages, R. 119

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Any questions?

If you have any questions in connection with proceedings before the UPC, please do not hesitate to contact us.

Team