UPC Scenarios: Case Studies on the New Unified Patent Court
- No. 1: Is there a case? Pre-litigation preparations
- No. 2: When things are urgent - preliminary injunction proceedings, i.a. protective writs
- No. 3: Getting started - the written proceedings (Continental vs. UK style)
- No. 4: A clash of cultures - interim proceedings & the hearing
- No. 5: When things are (almost) over - appeal, damages etc.
Aims and objectivesThe law for the new unitary patent and unified patent court is here. What is still missing is a clear understanding how the proceedings before the UPC will really develop in practice. Much of the uncertainty arises due to a clash of Continental civil law approaches and UK common law cultures. While invalidity defences, equity and automatic disclosure of documents will be second nature to English lawyers and judges of the UPC, their German counterparts will be more used to a bifurcated system, automatic injunctions and limited documentary disclosure.
Two experienced lawyers - one with a UK and one with a Continental law background - will take you through the UPC proceedings assuming the role of plaintiff lawyer on the one hand and defendant lawyer on the other.
Through a number of case studies the proceedings before the UPC will be explained to you and a suggestion will be presented which melts the best of both the Continental and the British patent law worlds.
Who should attend?
- Corporate Patent Counsels
- Members of inhouse
patent litigation teams
- Patent Attorneys and Patent Agents
- Intellectual Property Consultants
- Company Legal Advisors
- Attorneys, Solicitors, Barristers
Detailed programme09:00 - 17:00
- Infringement analysis
- Fact gathering: getting the best out of each jurisdiction
- Saisie type inspection proceedings
- (Pre-trial) discovery
- Warning letter or not?
- Making the best out of it: which court?
- Reactions of the alleged infringer
- Protective writs
- Urgency requirement
- Application and proceedings
- Which language?
- Requests and motions
- Continental vs. UK style
- Use of expert and witness testimony
- To bifurcate or not to bifurcate
- Active vs. passive role of the judge
- Expert evidence
- The players: solicitors, barristers, patent attorneys
- Decision of the Court
- Appeal proceedings
- Fees and costs
Dr. Steffen Steininger, M.Jur (Oxford), is a German trained and qualified Rechtsanwalt (Attorney-at-Law) and head of the patent litigation team of Hogan Lovells International LLP in Munich. He has litigated dozens of patent infringement and nullity cases for his clients at all major German courts. He is a frequent author and speaker on the UPC.
Nähere Informationen finden Sie hier.
Alex is a solicitor advocate and a founding partner of Powell Gilbert LLP. He advises clients on Europe-wide IP enforcement and defensive strategies, appearing regularly before the English courts and European Patent Office. Alex is a co-editor of a commentary on the Unified Patent Court to be published by Beck Verlag.
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Phone: +49 89 9264-0
Fax: +49 89 9264-8699
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