The third panel of the conference will focus on a strategically sensitive aspect of the UPC regime, how and where to assert patents before this court. The discussion will focus on the key considerations - such as patent selection, forum choice and global coordination – which patent owners and litigators must weigh when deciding to bring a new action to achieve effective and responsible results, particularly in light of its far-reaching territorial effects.
With the possibility of obtaining an European relief through a single action comes the corresponding risk of central revocation. One of the goals in this panel is to examine how patent owners can assess the strength and resilience of individual patents within a broader portfolio, taking into account factors such as claim scope, prior art exposure, remaining term, and commercial relevance. Rather than viewing the UPC as a default forum, the panel will go over a selective and strategic approach to enforcement decisions.
Furthermore, the panel intend on discussing the importance of choosing the appropriate UPC division. Does forum shopping pay off? With local, regional and central divisions, can forum selection play a decisive role in shaping the course of litigation? Can factors such as language, procedural efficiency, judicial experience and technical background of judges influence strategy?
Another aspect evaluated by the panel will be the alignment of UPC litigation with national proceedings within Europe and parallel actions in other jurisdictions. Many patent disputes involve multiple forums, requiring careful coordination to ensure consistency in legal positions and overall objectives. The panel aims to explore how UPC actions can be sequenced and integrated with national litigation, as well as with proceedings in other jurisdictions, for example with South American, African and Asian Countries and, even the United States of America, to maximize enforcement impact while minimizing procedural conflicts.
In short, Panel 3 is designed to provide practical guidance on navigating the complex strategic landscape of UPC litigation. By addressing patent selection, forum choice, claim strategy, and global coordination in an integrated manner, the panel will offer valuable insights for companies and practitioners seeking to make informed decisions in the UPC era. As the UPC continues to establish itself, choosing the right enforcement strategy from the outset will be critical to achieving effective and sustainable results.
By Paula Terzini Leite
