With publication of the 16th draft of the Rules of Procedure, the impression is that the Unified Patent Court (UPC) project is coming together. And, despite warnings from some that their clients will effectively boycott the court by opting out their patents, the signs are that those industries that most rely on patents are already adjusting to the many challenges and possibilities that the UPC, and the unitary patent, will present. A focus of particular controversy continues to be the issue of bifurcation: separate proceedings within the UPC divisions for validity (in the central division) and infringement (in the local/ regional divisions) of the same patent between the same parties.
Our experts Anja Lunze and Paul England examine the fears surrounding bifurcation in the Unified Patent Court, questioning if it will really be such a concern. Find the full article here.