In this podcast series, Emily O'Neill General Counsel UK and Global Intellectual Property lead for Deminor Litigation Funding, undertakes interviews with global professionals to understand the implications of the new Unified Patent Court (UPC).
Deminor welcomes you to join this conversation as we summarise the key elements of the conversations between Emily O'Neill and these experts, as captured in the podcast transcripts below.
Podcast Preface:
The arrival of the UPC promised to revolutionise patent enforcement in Europe. Upholding its mission to streamline the process for companies utilising this system, the UPC introduces a multi-jurisdictional court, embodying a profound shift in the landscape of patent litigation across Europe for those using the system.
The UPC brings with it a myriad of unknowns, yet the potential it holds cannot be understated. For businesses, in-house counsel, insurers, and litigation funders the court represents a significant milestone that will undoubtedly reshape the way intellectual property disputes are resolved and enforced. Its multi-jurisdictional framework requires a deep understanding of various approaches to litigation. Collaboration between these jurisdictions will prove indispensable as UPC Judges strive to harmonize practices and deliver consistent judgments.
Now that the UPC has been officially launched, the filing of cases thus far has offered valuable insights into its practical application. While the anticipated surge of pharmaceutical patent revocation cases has not really materialised, those cases are balanced by patentees seeking to enforce their rights. This underscores the transformative potential the UPC holds for both innovators and their legal representatives.
However, as the legal community prepares for this paradigm shift, a crucial question emerges: Are practitioners eagerly anticipating the challenge of mastering a new system with unfamiliar procedural rules? The allure of a more streamlined process must contend with the practicalities of adapting to a fresh set of procedural rules and approaches.
In this blog series, Deminor General Counsel UK, Emily O'Neill, has drawn on the extensive expertise and viewpoints of experts, exploring the potential opportunities and risks that lie ahead for businesses and practitioners within this new legal landscape.
Examining with her guests key aspects including; jurisdictional collaboration, procedural nuances, and the strategic considerations in leveraging the UPC, this series aims to equip knowledgeable practitioners with the insights needed to navigate this transformative era of European patent litigation.
Now that the UPC has opened its doors and practitioners and are starting to file cases, it is a good time to take a temperature check as to how practitioners feel about the new Court.
Podcast Excerpts:
Trevor Cook Of Counsel, Bird & Bird LLP:
Trevor Cook – "The UPC is an extraordinarily exciting development in Europe. It's the biggest development in patent litigation in Europe since the EPC, back in the 1970s. It's certainly going to shake up patent litigation in Europe in a major way. And it's going to be fascinating to see how it all works out. It's something very exciting to watch."
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-series-with-emily-oneill-featuring-trevor-cook/
Ben Quarmby Partner & Jonathan Barbee Counsel, MoloLamken:
Ben Quarmby – "From the outside looking in, as US practitioners, we see this as a potential additional forum for many of our clients. A forum with enormous potential. A forum that opens up a lot of opportunities for them, but also a forum with a lot of question marks. So we're looking at it closely. We think if it lives up to expectations, it can be a spectacular opportunity for us and for our clients. But there are still many questions that are going to be answered in the next year and a half as the first few cases make their way through the process. Very interesting, lots of opportunity. We're keeping a close eye on it, but we still have some questions."
Jonathan Barbee – "We are very curious to see what happens and I'm very excited and very hopeful. We're definitely looking to get involved with the UPC when we can, both with our US-based clients and our foreign clients as well – hopefully trying to use the UPC as a complement to US litigation, especially with some of the downsides of US litigation, including IPRs at the Patent Trial and Appeal Board and issues with subject-matter eligibility under 101. This will be a new bright light, full of potential for the patent litigation world. I think this is also really important with the general trend and the globalization of litigation and patent campaigns. We've seen more patent disputes arbitrated internationally and so this I think will make it easier for litigants to pursue and enforce their portfolios across the globe."
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-series-with-emily-oneill-featuring-ben-quarmby-jonathan-barbee
Christof Augenstein Partner, Kather Augenstein:
Christof Augenstein – "Yes, 100%. For a patent litigator, this is a unique and historic opportunity to start a new legal system from scratch. I’ve been working on the UPC for many years. I have liaised with European colleagues, written commentary about the UPC, and had various other engagements regarding the UPC. To me, it's fascinating to approach these legal issues from various different angles. I'm excited to go to trial, discuss all these new possibilities with the judges, find out what is the best way forward and be more creative. The only thing I need is clients that are willing to pay because that's the other issue - this will cost money. The first cases will be more comprehensive, and so they’ll cost more money than the ones we'll be doing five years from now. So with that caveat, yes, I'm very much looking forward to the opportunity to establish a new, suitable and modern system for patent litigation."
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-series-with-emily-oneill-featuring-christof-augenstein/
Raj Jagdev Partner, Powel Gilbert LLP:
Raj Jagdev – …Of course, we're very excited about the imminent launch of the UPC. It's an attractive new forum. But we don't know how it's going to play out. We have a comprehensive set of rules and procedures. They look great on paper. But how they'll actually be implemented remains to be seen. And that's what we'll be watching very carefully in the short term.
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-with-raj-jagdev/
Andreas Wietzke Partner, Mathys & Squire LLP:
Andreas Wietzke – This is going to be massive. I'm extremely excited because this one also gives a huge bunch of new tools and playground for us attorneys, things to do, things no one has thought about using, bending the rules or the holes in the rules. So I'm really looking forward to making use of all of this.
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-with-andreas-mathys-squire/
Rachel Fetches Partner, HGF Limited:
Rachel Fetches – "It’s the biggest change in a generation, and we have to see it as an opportunity. I think in the first couple of years it will be for companies that are willing to take a risk, because there will be an awful lot of challenges, and litigators testing the boundaries. But in three years to five years, I think it will be a really successful court."
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-series-with-emily-oneill-featuring-rachel-fetches/
Thomas Cuche Partner, DTMV Avocats:
Thomas Cuche – Of course! I think all patent litigators are excited about this new jurisdiction. It happens once in a professional life. So yes, I am very excited, as are all my friends, colleagues and people working in the patent field. I don't know if the stakeholders and clients are so excited. But we will find out!
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-series-with-emily-oneill-featuring-thomas-cuche/
Alex Ritter Partner, Baker McKenzie:
Alex Ritter – "Yes, definitely. This is the biggest change in European Patent Litigation since the 1970s when the European patent convention was originally put into place. And it’s also the first pan-European Civil Court. Being a part of this from the beginning is definitely exciting."
The full episode of this interview in the UPC Podcast Series is available here: https://www.deminor.com/en/blog/upc-podcast-series-with-emily-oneill-featuring-alex-ritter/
UPC Podcast Series - Next steps and further information:
Thanks for joining Deminor's UPC Podcast Series as we deep dive into the ins and outs of the new Unified Patent Court.
Keep a look out for our upcoming interviews as Deminor General Counsel UK and Global Intellectual Property lead, Emily O'Neill, speaks with several more experts to get their insights on the UPC.
If you would like to connect with either Emily on LinkedIn, please click on the link below:
Deminor, General Counsel UK and Global IP lead - Emily O'Neill
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Further Reading:
- https://www.deminor.com/en/case-studies/co-funder-proposes-sharing-of-litigation-funding-risk-to-leverage-deminors-in-house-due-diligence-capability
- https://www.deminor.com/en/case-studies/financing-assertion-of-patents-protecting-manufacturing-processes
- https://www.deminor.com/en/case-studies/telecoms-patent-assertion-multi-jurisdictional-campaigns
- https://www.deminor.com/en/case-studies/canadian-innovative-start-up-preparing-for-a-david-v-goliath-litigation-funding-battle
- https://www.deminor.com/en/case-studies/whats-the-risk-assessing-the-risk-of-counter-assertion-by-the-defendant-in-patent-litigation
- https://www.deminor.com/en/case-studies/overstepping-the-mark-litigation-funding-trade-mark-infringement
- https://www.deminor.com/en/case-studies/lights-camera-action-recovering-damages-for-infringement-of-rights-in-a-short-film
- https://www.deminor.com/en/case-studies/recovering-damages-for-stolen-software-through-litigation-funding
- https://www.deminor.com/en/case-studies/funding-in-the-pharma-sector-/-investing-in-a-case-where-litigation-is-already-ongoing
