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— Patents · UPC
Dedicated assistance before the Unified Patent Court (UPC): strategy, opt-out, actions and defence.
The Unified Patent Court (UPC) has been operational since 1 June 2023 and, more than three years after its launch, has established itself as the leading forum for patent litigation in Europe: over 1,100 first-instance cases and more than 300 appeals before the Court of Appeal in Luxembourg. A single proceeding, with effects in all 18 participating Member States, within defined timeframes — approximately 12-14 months at first instance — and with significant strategic implications for anyone who owns, licenses or faces claims on European patents and unitary patents.
Supporting our clients in this system means combining patent expertise and litigation capability in a single team, able to operate confidently across the Milan seat, the other European divisions and the Court of Appeal.
We analyse the client's patent portfolio to define the most effective approach to the new system: which rights to keep within UPC jurisdiction, which to withdraw, and what risks and opportunities each choice entails in the specific case, also in light of the industry sector and competitors' propensity to litigate.
We assist holders of "classic" European patents in assessing and managing the opt-out from UPC jurisdiction, as well as any subsequent opt-in, taking into account the implications for the concurrent jurisdiction of national courts during the transitional period.
We represent clients both as claimants and as defendants in proceedings on the merits before the Court of First Instance, including infringement actions, revocation counterclaims and applications for provisional and protective measures (injunctions, seizures, orders to preserve evidence).
We handle the defence at every stage of the proceedings, from drafting the pleadings to the evidentiary strategy, through to the hearing and any appeal before the Court of Appeal in Luxembourg, with particular attention to technical aspects (SEPs, pharmaceutical patents, mechanics, electronics) and to interactions with European Union law, including possible referrals to the Court of Justice.
Our team brings together attorneys-at-law and industrial property attorneys with direct experience before the UPC, in an integrated model that allows us to support the client from patent prosecution through to enforcement, seamlessly and with direct access to the professionals involved at every stage.
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