At our recent Pharma Forum, we welcomed a panel of international experts from the UK, Ireland, France, the Netherlands and Germany to examine the latest developments shaping pharmaceutical patent litigation and regulatory reform.
Across a series of focused sessions, our speakers explored the evolving challenges of cross-border litigation before the UPC, emerging trends in UPC case law, and the future direction of EU pharmaceutical regulation, while also providing insight into how these changes may impact the European markets.
Below are the key takeaways from the event.
Cross-border jurisdiction in patent cases
With Amanda Ebbutt, Jules Fabre, Bas Berghuis and Gisbert Hohagen
Our first session explored the complexities of cross-border jurisdiction in patent cases under the UPC. Our speakers examined how both the UPC and national courts are exercising long-arm jurisdiction, enabling patentees to obtain wide ranging injunctive relief. The implications for EU territories not part of the UPC and other third states, such as the UK, were considered, alongside potential strategies for defendants when responding to such actions. The audience showed particular interest in the panel’s views on the enforceability of cross-border judgments and the practicalities of collecting damages across borders.
UPC case law review: key trends and pivotal decisions
With Matt Royle, Chris Thornham and Nora Wessendorf
In the following sessions, our speakers provided detailed insights into UPC case law developments and their potential influence on future litigation. The UPC’s new approach to inventive step was examined and compared to national standards and the EPO approach to help clients understand the differences and potential impact on the way the cases should be argued in different jurisdictions. They also shared commentary on the doctrine of equivalence and imminent infringement, highlighting their potential implications for pharmaceutical companies preparing for UPC actions.
EU pharma reform
With Andrew Payne, Eoin Martyn and Julie Chiu
We concluded the day by shifting focus from patents to regulatory reform, where our speakers guided the audience through the development of the EU pharma reform package, from earlier drafts to the current agreed proposal. They outlined the package’s main objectives and its potential effects on pharmaceutical companies before examining two of the most anticipated changes: transferable exclusivity vouchers and the Bolar exemption.
The session also considered how these reforms may influence the UK’s own regulatory pathways, offering perspectives on whether alignment or divergence is more probable in the coming years.
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