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ARTICLE · 25 JULY 2025

Trends Emerging As The UPC Enters Its Third Year

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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The one-stop-shop for European patent litigation, the Unified Patent Court (UPC) celebrated its two year anniversary on 1 June 2025.

European UnionIntellectual Property
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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The one-stop-shop for European patent litigation, the Unified Patent Court (UPC) celebrated its two year anniversary on 1 June 2025. Now in its third year of operation, we look at the themes, trends and practices that are developing in this new forum in our latest UPC briefing The UPC – Two years on.

The so called "long arm jurisdiction" of the UPC is certainly one of those themes, with the recent of the Mannheim LD in Fujifilm v Kodak (CFI 365/2023, 18 July 2025) in which the court awarded an injunction over infringement in the UK (relating to the UK designation of an EP bundle) illustrating the UPC's tendency to take jurisdiction wherever possible.

We also review other specific developments in the 6 months since our last UPC briefing (The UPC at 18 months - available via links within the current one) including the UPC's first decision involving a second medical use patent and the approach it has taken to such patents, and an analysis of the multiple

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