Share on LinkedInShare on LinkedIn

ARTICLE · 17 AUGUST 2023

UPC: The ‘Sharp Sword' Of Global Patent Litigation

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Contributor
Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP is one of the world’s largest firms focusing on...

View firm profile
Explore more from Finnegan, Henderson, Farabow, Garrett & Dunner LLP

On June 1, 2023, the Unified Patent Court (UPC) opened its doors for business. This marked an important milestone in European patent jurisdiction. It provides a new venue for parties...

GlobalIntellectual Property
Antje Brambrink
Antje Brambrink
Author LinkedIn connections

On June 1, 2023, the Unified Patent Court (UPC) opened its doors for business. This marked an important milestone in European patent jurisdiction. It provides a new venue for parties in cross-jurisdictional patent disputes.

Both infringement and invalidity claims can be brought in a centralised procedure. A single decision can take effect in up to 17 participating member states of the European Union (UPC states). This is expected to attract many litigants, and the new system even comes along with further advantages such as: extremely fast proceedings, high transparency, potential cost savings compared to multiple parallel national proceedings, and the avoidance of divergent decisions in the countries concerned.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.
United KingdomIntellectual Property
Ashfords LLP
Ashfords LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

Samsung Ordered To Pay The Swatch Group US$11.6 Million In Damages For Trade Mark Infringement

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.
United KingdomIntellectual Property
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Updates On Export Controls Impacting AI & Advanced Computing

The U.S. Department of Commerce's Bureau of Industry and Security issued guidance on May 31, 2026, clarifying licensing requirements for advanced computing items and AI technologies. The guidance maintains export restrictions for entities in certain countries while providing limited relief for data center operators, though questions remain about future regulatory direction. Companies must now strengthen their compliance programs and supply-chain due diligence as BIS continues to prioritize national security
GlobalInternational Law
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Article

Blaker V. NetScout Systems: A Narrow Reading Of The Pen Register And Trap And Trace Provisions Of The California Invasion Of Privacy Act In California State Court

On May 27, 2026, the Superior Court of California held that subdivision (a) of California Penal Code § 638.51 does not apply to software on commercial websites. Plaintiff Brian Blaker sued Defendant NetScout, Inc., alleging the Defendant had violated § 638.51 of the California Invasion of Privacy Act by implementing a software development kit (SDK) on its website.
United StatesPrivacy
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Article

Privacy Law Mid-Year Update: Key EU And UK Data Protection Decisions

Recent EU and UK court decisions have reshaped the landscape of data protection compliance, clarifying critical boundaries around consent, data subject rights, cybersecurity obligations, and children's privacy. These rulings demonstrate that organizations must move beyond formal compliance to embed proportionality, accountability, and risk-based decision-making into their data processing activities, even when disclosures are legally required or supported by valid legal bases.
GlobalPrivacy
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Article

D. Mass. Patent Litigation Update: August 2026

Recent patent litigation orders from the United States District Court for the District of Massachusetts reveal critical claim construction disputes and discovery rulings that shape the boundaries of patent enforcement. How do courts balance claim definiteness requirements with the practical realities of patent scope, and what standards govern third-party discovery in indirect infringement cases?
United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Article

D. Mass. Patent Litigation Update: June 2026

A Massachusetts district court grants a joint motion to stay proceedings while the parties conduct venue discovery and brief a motion to dismiss or transfer in a patent infringement case between Advanced Surgical Concepts Limited and Intuitive Surgical, Inc. The order establishes specific parameters for discovery scope and briefing schedule before other case deadlines resume.
United StatesLitigation, Mediation & Arbitration
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Article

Finding A Lack Of Bona Fide Use, TTAB Affirms Cancellation Of Everwise Credit Union Registration Under The Lanham Act’s Reexamination Procedure

The Trademark Trial and Appeal Board's precedential decision in In re Everwise Credit Union examines whether a credit union's use of its mark constituted bona fide commercial use or merely token use designed to reserve trademark rights. The case centers on whether Everwise Credit Union had actually used its mark in commerce by the deadline to file its Statement of Use, or whether the mark's appearance on its website was simply a placeholder for a future rebrand that occurred two months later.
United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Article

Staying True To The Specification: Federal Circuit Vacates Preliminary Injunction Based On Unsupported Claim Constructions

The Federal Circuit vacated a preliminary injunction in a patent infringement case involving electrical outlet cover products, finding that the district court made critical errors in its claim construction analysis. The appellate court determined that the lower court improperly imposed unsupported limitations on key patent terms and incorrectly applied a presumption of irreparable harm.
United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP