Insights

Does regulation kill innovation?

How can GCs support growth and ensure regulatory compliance?

by Giles Crown

Preliminary injunctions in the UPC – lessons learnt

Two years in, the UPC has become a key forum for patent enforcement, offering swift preliminary injunctions across many EU states. Courts assess both infringement and patent validity rigorously, requiring applicants to act quickly and prepare thoroughly.

by Christian Dekoninck

2 of 5 Insights

UPC patent infringement: recent updates for the life sciences sector

The United Patent Court (UPC) is increasingly influential in life sciences patent disputes, especially for pharmaceuticals, biotech, and medical devices. Handling 26% of infringement cases in this sector, the UPC offers faster, pan-European enforcement and is clarifying key legal issues. It’s becoming a crucial venue for protecting evolving life sciences innovations across Europe.

by Dr Paul England and Alina Krukover

3 of 5 Insights

UPC litigation in life sciences: seven early takeaways for the pharma, biotech and medical devices sectors

The Unified Patent Court (UPC) has become a crucial forum for life sciences patent litigation. Early rulings show strict claim interpretation, careful review of European Patent Office oppositions, and limits on the Bolar exemption. The UPC has clarified infringement tests for second medical use claims and considers patient interests in injunctions. These developments emphasise precise patent strategy, regulatory alignment, and proactive risk management for pharma, biotech, and medical device sectors.

by Yolandi Coetzee and Pauline Springorum

1 of 5 Insights

The UPC going beyond its borders: how your company can profit from the latest case law

The UPC now allows life sciences companies to enforce European patents more efficiently across multiple countries through its long-arm jurisdiction. This lets patent holders sue distributors based in UPC member states in a single action, even if products are sold or made in non-UPC countries. Following key rulings the UPC can issue cross-border injunctions covering several national patent parts, while respecting jurisdiction limits on patent validity challenges.

5 of 5 Insights

Revocation of life sciences patents in the UPC

The Unified Patent Court (UPC), active since June 2023, is seeing strong uptake in pharma and biotech. Revocation decisions show a balanced 50:50 win rate for patentees and challengers. Key legal standards on novelty, obviousness, and inventive step are emerging, though some aspects remain unclear. Strategic use of the UPC offers broad enforcement, but revocation risks are higher for single-patent portfolios. Legal uncertainties, like the Bolar exemption, still need clarification.

by Lydia Birch and Rebecca Limer

4 of 5 Insights

The ONB decision: the consequences for Dutch legislation and employment agreements

by multiple authors

The EU Deforestation Regulation: Obligations for the Real Estate and Construction Sector

by Wilma Booij and Arian Rahimi

Spill the tea! No likelihood of confusion for direct translation of earlier mark

by Louise Popple and Will Shoesmith

New ECJ ruling on comparative advertising

by Giles Crown