UPC Fact Check – Success Rates, Revocation Rates & Grounds For Revocation

After more than two years of UPC case law, the sample size of UPC decisions justifies a first UPC Fact Check. Of course, any fact check is only a snapshot as the UPC case law is constantly evolving and many of the cases decided by the UPC Court of First Instance (CFI) are currently pending on appeal where they await their final determination. In any case: numbers don't lie and the current UPC statistics are telling! This is true both for infringement and for revocation actions, as will be detailed below:

1. Infringement proceedings

1.1 Success rates in main actions

The preamble of the Agreement on the Unified Patent Court stipulates that the court shall be devised to ensure expeditious and high-quality decisions having regard to a fair balance between the interests of right holders and other parties. That said, the UPC is set up to be a balanced court.