You, me & the UPC

In this collaboration between our FRANDly Chat and You, me & the UPC podcasts, our experts, Naomi Hazenberg, Richard Pinckney and Francion Brooks, bring you a discussion on the first substantive FRAND decision of the UPC in Panasonic v Oppo.Find our other FRANDly Chat episodes here and our other You, me & the UPC episodes here.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as we release them here. Follow us on X and ...

In our 8th episode, Charlie French and Aida Tohala explore some of the recent decisions from the UPC exploring the boundaries of the court’s jurisdiction. These cases deal with questions including:Does the UPC have jurisdiction over countries that have signed the UPC Agreement, but not yet ratified it?How to decide whether to stay UPC proceedings when parallel litigation is ongoing at the EPO or nationally?Is it only national litigation commenced during the UPC transitional period that can le...

In this episode of You, me and the UPC, Charlie French and Naomi Hazenberg are joined by Eden Winlow to discuss the regime for protecting trade secrets and other confidential information in the UPC. The team cover decisions from the Dusseldorf Local Division in 10x Genomics v Curio and Fujifilm v Kodak, the Hague Local Division in Plant-e v Arkyne and the Paris Local Division in C-Kore v Novawell. Finally, the conversation turns to some practical points that have arisen from the discussion of...

In this episode of You, me & the UPC, Charlie French and Naomi Hazenberg cover the eight UPC preliminary injunction (PI) decisions to date. They discuss the legal points that have emerged from the various inter partes PI decisions, including the Court of Appeal decision in 10x Genomics v NanoString and the recent decision from the Düsseldorf Local Division in 10x Genomics v Curio, as well as ex parte PIs and the impact of filing a protective letter in the UPC.Note: the UPC Court of Appeal...

In our fifth episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg and Charlie French, cover the early cases regarding access to documents, transparency of UPC decision-making and the application of Rule 262.1(b) of the UPC Rules of Procedure.Note: This episode was recorded before the Court of Appeal hearing in Ocado v AutoStore on 12 March, which was attended by Gregory Bacon. The Court of Appeal indicated at the hearing that it would issue its decision as soon as ...

In our fourth episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg and Charlie French, cover the early statistics and trends emerging from the first eight months of the UPC.They explore:The uptake of the new unitary patent, top unitary patent proprietors and choice of language for unitary patents.The number of classic European patents being opted out of the UPC system…and back in again.An overview of the early cases and the various technologies involved.Choice of v...

In our third episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg, Charlie French and Gregory Bacon, discuss the jurisdiction provisions of the UPC Agreement and the question of long-arm jurisdiction beyond UPC territories. They explore: Which cases can be brought in the UPC?Does a patentee have to bring a claim for infringement in all territories?Why are there different divisions? Which division(s) will have jurisdiction in each case? Is the scope of rel...

In our second episode of You, me & the UPC, our patent litigation experts, Charlie French and Naomi Hazenberg, provide further insights and early figures for the new UPC system, which opened its doors on 1 June 2023.They explore:The different courts of the UPC: local and regional divisions, the Central Division and the Court of Appeal.The role of Milan in the re-formed Central Division.UPC judges and language of proceedings.The first cases – where they were filed and what we know so far.N...

In our first episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg and Charlie French, provide an overview of the new UPC system, which opened its doors on 1 June 2023.They explore:What does the UPC bring to the European patent litigation landscape?Which countries will participate in the UPC, now and in the future?Which patents are covered by the new system (and which are not)?Differences between the new unitary patent and “classic” European patents.The transitional...