After a long period of uncertainty with many imponderables, the Agreement on a Unified Patent Court is finally expected to enter into force and the Unified Patent Court to start its work. According to the roadmap (still with previous timetable) published on the website of the Unified Patent Court, the Agreement should enter into force postponed on 1 June 2023. Accordingly, the so-called preparatory sunrise period is to start on 1 March 2023.

In order to equip you in the best possible way for the start of the Unified Patent Court, we at Kather Augenstein have been dedicated to this topic for many years and have actively prepared ourselves to protect and enforce your intellectual property rights also in this new legal system.

For example, our partner Miriam Kiefer LL.M. and our partner Dr Christof Augenstein comment on the Unified Patent Court (UPC), inter alia, in the Beck Online Commentary Fitzner/Lutz/Bodewig on the provisions of the Agreement on the Unified Patent Court. Furthermore, Dr Christof Augenstein is co-editor of the international commentary Augenstein/Wilson/Agé on the procedural law of the Unified Patent Court, for which he and Miriam Kiefer LL.M. are also authors. Finally, Dr Christof Augenstein chairs the Standing Committee Unitary Patent/Unified Patent Court (UP/UPC) Q 243 at AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle – International Association for the Protection of Intellectual Property) and works for CEIPI (Center for International Intellectual Property Studies at the University of Strasbourg).

These are only excerpts from our comprehensive preparation, with which we as a team are ideally prepared to represent your case before the Unified Patent Court. Part of our preparations is, in particular, the expansion of our team in order to be equipped for the upcoming challenges. With a total of 14 attorneys-at-law specialised in contentious patent law, we form a powerful team also before the Unified Patent Court. To put together the right litigation team for your case, we also draw on a large network of patent attorneys and colleagues from other jurisdictions.

To enable you to deal in depth with all topics relating to contentious proceedings before the Unified Patent Court, we set up a comprehensive series of seminars in which we not only explained the basic features of proceedings before the Unified Patent Court, but also guided the participants through all procedural subtleties. 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 provide the associated videos on this page for you to refer to at any time.

If you have any further questions about the Unified Patent Court, please do not hesitate to contact us:

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19./20. January 2023 – VPP-Seminar

The Infringement process before the Unified Patent Court

Location: Stuttgart

Registration

Kather Augenstein UPC online seminar

Below you can access the videos of the single events of our UPC online seminar for free:

  • 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
VIDEO
  • Application of substantive rules of the UPC Agreement on national proceedings
  • Differences to German national law, in detail
  • Contributory patent infringement
  • Discretionary decisions of the court on claims of patent proprietor, particularly on claims for injunctive relief
  • Limitation period
VIDEO
  • Pre-litigation conduct of the parties
  • Proceedings for taking of evidence
  • Necessary contents of the application
  • Language of the proceedings, articles 49-51 of the UPC Agreement
VIDEO
  • General procedural rules (case management, rules 331 et seq.)
  • Amendment of action, rule 263, right to be heard, rule 264, withdrawal of action, rule 265
  • Joinder and separation of proceedings
  • Majority of parties
VIDEO
  • Designation and tasks of the Judge Rapporteur
  • Preliminary objections and their procedural handling
  • Statement of defence and counterclaim for declaration of nullity
  • Options of the board for deciding on the nullity, Art. 33 (3) UPC Agreement
  • Assignment of a technical judge, Rules 33, 34 and 37
  • Interlocutory proceedings and oral proceedings in detail
VIDEO
  • Judgement by default
  • Interlocutory injunction proceedings
  • Isolated nullity proceedings
  • Negative declaratory proceedings
  • Appeal and complaints procedure
  • Restitution proceedings
VIDEO
  • Enforcement of decisions
  • Original competences of the UPC
  • Appropriateness of penalties
  • Costs of proceedings
  • Limitation of recoverable costs
  • Assessment of fees according to the amount in dispute
VIDEO

Including:

  • Request for injunctive relief
  • Scope of information, recall, extermination
  • Regular provision of security?
  • Amount of provisional compensation, R. 119
VIDEO