Plesner takes part in UPC mock trial

Plesner has just taken part in a large European mock trial concerning patent infringement. The mock trial was part of the European patent judges' preparations for the future Unified Patent Court (UPC).

In October every year, around 50 European patent judges meet in Italy to exchange experiences from patent trials. At this year's meeting, the judges conducted a mock trial under the future rules of the new unitary patent and the Unified Patent Court (UPC).

The parties to the case were a French company and an Italian company. The case concerned the infringement of patents in France, Germany, the UK, Switzerland and Spain. The dispute concerned the question of jurisdiction, the scope of the patent and the calculation of damages in the individual countries. The fictitious plaintiff was represented by Plesner partner Jeppe Brinck-Jensen and a French attorney. The defendant was represented by attorneys from Belgium and Switzerland.

The case was part of the work to prepare European patent judges' conduct of court cases under the rules of the Unified Patent Court (UPC) and the new European unitary patent.

Uncertainty about UPC start date

It is still not certain when the new European unitary patent will come into effect. The new patent system is awaiting ratification by both Germany and the UK, among other things. It is still uncertain when that will happen due to Brexit and a German court case that will have to be decided before Germany will be able to ratify the agreement.

Plesner will keep track of developments and will report any news about the UPC.

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