UPC – First learnings: Which standard applies the UPC for patents in pharma and biotech preliminary injunction cases?

Key Points Discussed

The webinar emphasized the lessons learned from the first 18 months of the Unified Patent Court (UPC) in PI proceedings and provided an overview of the UPC PI case-law and insights into the latest court rulings.

Requirements for the grant of a PIs were discussed with a focus in particular on validity and balance of interest.

Our experts raised questions about the acceptability of waiting for decisions versus issuing interim measures.

Key Takeaway

The UPC approach on granting PIs is very balanced. Still, further criteria to determine undue delay or when the balance of interests should be in favour of the defendant are eagerly awaited.

A precise review of all the peculiarities and deviations from the norm that may be identified is essential in the preparation and defence of PI proceedings

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