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ARTICLE · 09 JUNE 2026

UPChronicle - June 2026

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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The Unified Patent Court's evolving jurisprudence is shaping how expert evidence functions in patent litigation, from appointment procedures and impartiality standards to practical examination methods at hearings.

United KingdomIntellectual Property
Scott Foster
Scott Foster
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Expert evidence plays a central role in patent litigation, and the Unified Patent Court is no exception. As the UPC’s jurisprudence continues to develop, parties and practitioners are gaining valuable insights into how the court approaches expert testimony: from the appointment process and standards of impartiality, to the practical realities of oral examination at hearings.

The Rules of Procedure (RoP) distinguish between party-appointed and court-appointed experts, each governed by distinct procedural requirements. Early case law has addressed cross-examination (or its absence), “hot tubbing”, the treatment of employee witnesses, and the role of experts in evidence preservation proceedings. This article examines the rules and emerging practice.

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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.

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