News & Analysis as of

Unified Patent Court

A&O Shearman

UPC: Take proactive steps to protect your confidential information and trade secrets

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On March 18, 2026, the Court of Appeal of the Unified Patent Court (the UPC) dismissed an appeal over the protection of information. The UPC Court of Appeal confirmed its previous approach: there is no implicit limitation...more

A&O Shearman

Life Sciences And Healthcare Insights (UPDATED)

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Welcome to our Life sciences and healthcare insights report, where our global team share their insights on the most important commercial, legal, and regulatory issues facing life sciences and healthcare companies around the...more

A&O Shearman

Two years on from its launch, how has the UPC impacted European patent litigation in the life sciences sector?

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The UPC has been reshaping European patent litigation since its launch in June 2023. More than 480 patents have now been litigated in the court, and the number of actions is steadily increasing. Initially, major...more

A&O Shearman

UPC: No Liability For Holding Companies Without Active Participation In Patent Infringement

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On February 12, 2026, the Düsseldorf Local Division (LD Düsseldorf) of the Unified Patent Court (UPC) granted a preliminary injunction against a number of group companies, including entities based in the Cayman Islands and...more

Herbert Smith Freehills Kramer

UPC Structure – Local, Regional And Central Divisions And Court Of Appeal, Judges & Languages (UPDATED)

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

A&O Shearman

For Medical Devices, “Possible Use” Amounts To Infringement Only If The Use Is In Line With Medical Practice

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Emboline v. AorticLab—UPC_CFI_628/2024, judgment of January 13, 2026 - The UPC Munich Local Division (the LD Munich) has dismissed an infringement action relating to a medical device. It confirmed that a device can still...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape – March 2026

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The transition into 2026 has seen several notable developments in fair, reasonable and non-discriminatory (FRAND) litigation....more

McDermott Will & Schulte

German Federal Court of Justice reinforces strict willing licensee standard in SEP litigation

The German Federal Court of Justice (FCJ) established requirements for a fair, reasonable, and nondiscriminatory (FRAND) defense against injunction claims based on standard-essential patents (SEPs)....more

Herbert Smith Freehills Kramer

UPC Structure – Local, Regional And Central Divisions And Court of Appeal, Judges & Languages (UPDATED)

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

A&O Shearman

UPC Grants Provisional Injunction In Dispute Over Glucose Monitoring Systems

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Case details: Abbott Diabetes Care v. MicroTech, Lotus NL, Mediq UPC_CFI_830/2025, February 6, 2026....more

DLA Piper

UPC Legal Compass: UPC Court of Appeal Provides Guidance On Assessing ‘Inventive Step’

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One of the threshold criteria for a patent is assessing ‘inventive step’. Recently, the UPC Court of Appeal provided important guidance on how this will be applied in UPC proceedings UPC_CoA 528/2024 and 529/2024 and UPC_CoA...more

Herbert Smith Freehills Kramer

UPC Court Fees

The Administrative Committee of the UPC has issued an updated Table of Court fees with a new fees schedule in force from 1 January 2026. See also the Explanatory Note provided, by the UPC Administrative Committee (AC), with...more

Alston & Bird

Japan’s Reemergence in Global SEP Disputes

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The Tokyo District Court recently released Guidelines for Standard Essential Patent (SEP) Infringement Litigation and SEP Mediation Procedures. Our Antitrust Team is tracking the potential impact these developments may have...more

Herbert Smith Freehills Kramer

UPC Key Documents – Legislation And Guidance (UPDATED)

A collection of easy links to the key pieces of legislation and rules governing the Unified Patent Court and unitary patent...more

Herbert Smith Freehills Kramer

UPC Structure – Local, Regional And Central Divisions And Court Of Appeal, Judges & Languages (UPDATED)

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

Herbert Smith Freehills Kramer

Two and a Half Years of the UPC – Trends And Turning Points

Welcome to our latest briefing, in which we look back at Unified Patent Court (UPC) developments in the last six months (July to December 2025) since our last briefing (The UPC Two Years On – published July 2025) and consider...more

McDermott Will & Schulte

UPC rules in first instance on file wrapper estoppel, doctrine of equivalence

On October 24, 2025, the Local Division Paris of the Unified Patent Court (UPC) issued its decision in Raccords et Plastiques Nicoll v. First Plast, dismissing claims for literal infringement and infringement by equivalence...more

McDermott Will & Schulte

The UPC’s emerging approach to injunctions: Patterns, pitfalls, and global implications

Since its entry into force on June 1, 2023, the Unified Patent Court (UPC) has seen a growing number of cases across various fields, including pharmaceuticals, biotechnology, medical devices, electronics, and mechanical....more

Jones Day

UPC Aligns With the EPO in Allowing Functional Antibody Claims

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While the U.S. Supreme Court rejected Amgen's functionally defined anti-PCSK9 antibody claims based on its high bar for enablement, the European Patent Office ("EPO") found such broad antibody claims allowable. Amgen's battle...more

A&O Shearman

The UPC’s Approach To Inventive Step

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The UPC Court of Appeal has now provided clear guidance on how the UPC should determine whether a patent involves an inventive step. This endorses the “holistic” approach, establishing what the invention contributes to the...more

A&O Shearman

UPC: CE Marking For A Medical Device As A Trigger For “Imminent Infringement”, Refining The Standard On Imminence, Urgency, And...

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The UPC has granted a preliminary injunction effective for Germany, France, Italy, the Netherlands and Ireland against a Chinese medical device manufacturer and its Dutch subsidiary over the infringement of a patent for...more

DLA Piper

UPC Compass: Prior Art Under Pressure – Striking the Balance Between Efficiency and Fair Trial

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A recent decision by the Milan Central Division (CD) of 23 October 2025 could create further obstacles for prior art submissions, highlighting the growing focus on procedural efficiency in patent litigation before the Unified...more

A&O Shearman

UPC penalty payments are only payable if court has previously ordered forfeiture of sum for non-compliance

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The UPC Court of Appeal (CA) has clarified the framework for penalty payments in enforcement proceedings. Penalty payments in the UPC must be based on a prior penalty order from the court, specifically reinforced with the...more

McDermott Will & Schulte

PC Court of Appeal significantly narrows directors’ personal liability for patent infringement

On October 3, 2025, in its decision in Philips v. Belkin (UPC_CoA_534/2024, UPC_CoA_19/2025, UPC_CoA_683/2024), the Court of Appeal (CoA) of the Unified Patent Court (UPC) addressed for the first time the circumstances under...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - November 2025

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The SEP licensing and litigation landscape has continued to evolve in the latter half of 2025, shaped by several significant global trends...more

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