The Unified Patent Court’s First Year

PERSPECTIVES AND STRATEGIES FROM EUROPE AND THE US

October 23, 2024

Domenico Winery
1697 Industrial Road
San Carlos, CA 94070
The Unified Patent Court’

Please join us to review the first year of operation of Europe’s Unified Patent Court. We
will address issues in life sciences and high-tech.
 
Our panelists from Germany, France, Ireland, the UK and the US will give their own
national perspectives on how the UPC is shaping up. We will review the leading
decisions coming out of the UPC, and identify trend lines to help navigate this important
new forum. Not surprisingly, they don't all share the same views. 

Key questions that our global panel will address include:

  • What differences can parties expect between different countries?
  • Is the UPC a “pro patent” court? Does that answer vary based on country?
  • How are litigants exploiting the tensions between UPC’s Local Divisions and its Central Division?
  • Will the court grant preliminary injunctions and does the chance vary by country?
  • Will evidentiary seizures proliferate, and if so, where and why?
  • What types of damages are being awarded?
  • How is the UPC approaching SEPs and FRAND issues?
  • What alternatives to the UPC should be considered and why?

AGENDA

Registration
9:30 am – 10:00 am PT

Introduction
10:00 am – 10:10 am PT

Speaker:

Wayne Stacy
Executive Director
Berkeley Center For Law & Technology

Perspectives from Germany
10:10 am – 10:55 am PT

Patent litigation in Europe has largely meant litigation in Germany. With the arrival of the UPC, what has changed? How is the UPC changing the national courts?

Moderator:

Steve Carlson
Partner
Robins Kaplan LLP
             
Speakers:

Alexander Harguth
Partner
Preu Bohlig

Konstantin Schallmoser
Partner
Preu Bohlig

Rajvinder Jagdev
Partner
Powell Gilbert

Perspectives from France
11:05 am – 11:50 am PT

France is the seat of the Central Division of the UPC and a local division for enforcement. How should litigants expect that French divisions may handle cases differently than in their German counterparts? Are French-style evidentiary seizures proliferating through the UPC?

Moderator:

Steve Carlson
Partner
Robins Kaplan LLP

Speakers:

Marc Lauzeral
Counsel
Schertenleib

Yasmine Azzaoui
Associate
Schertenleib

Bethan Hopewell
Partner
Powell Gilbert

Konstantin Schallmoser
Partner
Preu Bohlig

Lunch Break
11:50 am – 12:25 pm PT

Keynote
12:25 pm – 12:40 pm PT

Speaker:

Camille Lignieres
Legally Qualified Judge, Paris Local Division
Unified Patent Court

Perspectives from the UK and Ireland
12:45 pm – 1:30 pm PT

As the jilted jurisdiction of the UPC, how does the UK see and fit into the UPC? What is
the future of Ireland as a UPC jurisdiction? What are the efforts to coordinate cross-border litigation between the UK and the UPC?

Moderator:

Rajvinder Jagdev
Partner
Powell Gilbert

Speakers:

Marc Lauzeral
Counsel
Schertenleib

Bethan Hopewell

Partner
Powell Gilbert 

Alexander Harguth
Partner
Preu Bohlig

Perspectives from the US
1:30 pm – 2:25 pm PT

Hear the experiences of US companies before the UPC, either as plaintiff or defendant. What works as advertised? What are the surprises? Are the experiences different between life sciences and technology companies?

Moderator:

Rajvinder Jagdev
Partner
Powell Gilbert

Speakers:

Steve Carlson
Partner
Robins Kaplan LLP

Rebecca Charnas Grant
Head of Patent Litigation, Associate General Counsel
Genentech

Ali Alemozafar
Partner
Wilson Sonsini Goodrich & Rosati

Michael Schwartz
Senior Vice President, IP Litigation
Adeia

Refreshment Break
2:25 pm – 2:45 pm PT

SEPs, FRAND Licenses, and the UPC
2:45 pm – 3:40 pm PT

As the UPC enters into the world of SEP and FRAND licenses, what should parties expect and how can they best plan for it?

Moderator:

Yuan Hao
Co-Director, Berkeley Asia IP and Competition Law Center and Senior Fellow
Berkeley Law

Speakers:

Bethan Hopewell
Partner
Powell Gilbert

Ariel Reich
Senior Counsel
HP, Inc.

Alexander Harguth
Partner
Preu Bohlig

Marc Lauzeral
Counsel
Schertenleib

Roundtable Discussions: Best Practices and Emerging Trends
3:45 pm – 4:30 pm PT

Participate in an open discussion and debate about the best practices for dealing with the UPC and its different courts. Bring your questions.

Moderator:

Li Zhu
Partner
Robins Kaplan LLP

Speakers:

Rajvinder Jagdev
Partner
Powell Gilbert

Alexander Harguth
Partner
Preu Bohlig

Marc Lauzeral
Counsel
Schertenleib

Networking Reception
4:30 pm – 6:00 pm PT

View summaries of key decisions from the UPC in its first year here