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Case reports, trends, insights and the litigators behind them, in one place.

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Ready for the UPC long before it opened.

We have run patent litigation across the UK and Germany for well over a decade. When the UPC opened in June 2023, our Uniphy team was ready from day one.

Our litigators and patent attorneys work as one team across UPC, UK and German proceedings.

Tap a year to explore

Established UK and German litigation practices

  • Built experience across electronics, telecoms, pharma and medtech
  • Integrated patent attorneys and litigators

Ran major cross-border actions across the UK and Germany

  • Handled FRAND, SEP and multi-jurisdictional disputes
  • Prepared for pan-European litigation long before the UPC existed

UPC goes live and we launch Uniphy

  • 40 UPC Representatives at launch
  • Seamless transition into UPC litigation from day one

Landmark wins: Optis v Apple (UK) and Datang v Samsung (Germany)

  • Reinforced our reputation as a pan-European litigation leader
  • Coordinated actions across the UK, Germany and the UPC

Growing UPC caseload and specialist team

  • Enhanced Europe-wide litigation strategy
  • Continuing to shape UPC practice
Uniphy

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Antibody claims held sufficient, but how valuable will they be?

19 September 2012
2012-09-19

In the latest Eli Lilly v HGS ruling, the Court of Appeal has found HGS antibody claims to be sufficient, given the Supreme Court has already held the claims to be capable of industrial applicability.

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SPCs for Antibodies: A CJEU reference probably but not immediately

17 September 2012
2012-09-17

The Patents Court has issued another judgment expressing dissatisfaction with the CJEU’s ruling in Medeva (C-322/10). In particular, the Court has held that in order to determine if a particular...

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No way Round BMW’s rights – upgrade is not repair

11 September 2012
2012-09-11

A High Court decision last month has provided guidance on how Article 110(1) of the Community Designs Regulation 6/2002/EC, which relates to the protection of designs for component parts of complex...

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Confusion in the marketplace: “Woolley” licences and misrepresentation

28 August 2012
2012-08-28

Woolley v Ultimate Products Ltd[2012] EWCA Civ 1038 (26 July 2012)Upholding a decision of the High Court, the Court of Appeal considered the effect of a licence, consumer confusion “the wrong way”...

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Three new UK IPO decisions demonstrate the wide commercial applicability of registered designs

24 August 2012
2012-08-24

In the UK, applications to declare a UK registered design invalid can be filed at the UK Intellectual Property Office (UKIPO), whereupon the case is decided by a Hearing Officer of the UKIPO acting...

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Design right re-design – an opportunity for UK business to shape design protection to suit its needs

22 August 2012
2012-08-22

The UK Intellectual Property Office (UK IPO) has recently published a consultation document on the proposed reform of the UK Designs Legal Framework.

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Gimex v Chill Bag: does the indication of the product in a registered design affect validity and infringement?

20 August 2012
2012-08-20

A Patents County Court judgment by HHJ Birss QC in Gimex v Chill Bag provides guidance on whether the indication of the product in a registered design has any bearing when assessing validity and...

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Adducing evidence of confusion in trademark actions – a further move towards tighter control of witness gathering exercises?

09 August 2012
2012-08-09

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2012] EWHC 1722 (Ch)In a wider action concerning the alleged infringement of two of Interflora’s trademarks through Marks & Spencer’s use of...

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Exceptions to the privilege of self-incrimination

07 August 2012
2012-08-07

On 4 July in Phillips v Mulcaire [2012] UKSC 28 the Supreme Court of the United Kingdom gave judgment on two key issues regarding the privilege against self-incrimination.

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Budejovicky Budvar Narodni Podnik v Anheuser -Busch Inc [2012] EWCA Civ 880 (03 July 2012)

01 August 2012
2012-08-01

The Court of Appeal recently allowed an appeal by Budejovicky Budvar Narodni Podnik (BB), against a decision that found its “Budweiser” mark invalid following an attack by Anheuser-Busch (AB) which...

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Patentability of computer programs - High Court judgment gives rise to useful examples of a “technical effect”

31 July 2012
2012-07-31

(HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789).A further decision in the so-called “smartphone wars” was issued by the High Court recently in relation to a patent dispute between HTC Europe Co Ltd...

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IPKat: Further analysis of Generics (t/a Mylan) v Yeda and Teva

18 July 2012
2012-07-18

In addition to an earlier summary by Darren Smyth of the ruling in Generics (t/a Mylan) v Yeda and Teva, Darren has provided further analysis for the IPKat.

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IPKat: Ruling in Generics (t/a Mylan) v Yeda and Teva

11 July 2012
2012-07-11

Today’s ruling by Mr Justice Arnold (Patents Court, England and Wales) in Generics (t/a Mylan) v Yeda and Teva has been summarised by Darren Smyth for the IPKat.

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Samsung victorious in dispute with Apple over tablet computers

09 July 2012
2012-07-09

Samsung has won a longstanding battle with Apple concerning one of Apple's Registered Community Designs for its tablet computers.The decision is significant because it represents the first...

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Confidential Information, In house lawyers and former employees – who has the burden of proof?

05 July 2012
2012-07-05

Generics (UK) Ltd v Yeda Research & Development Co Ltd & Teva Pharmaceutical Industries[2012] EWCA Civ 726The Court of Appeal has overturned an injunction that prevented an in-house patent attorney...

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Winning mixed practice team

Since its establishment in 2011, our patent litigation team has been dedicated to delivering exceptional results.

With the UPC's launch announced in 2023, our patent litigators have been actively advising on various high-profile UPC proceedings, and appearing in UPC divisions across Europe.

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German and UK litigators

Since 2014 our German patent litigators have handled major German national cases and, more recently, in leading cases at the UPC. EIP was successful in the first UPC anti-anti suit injunction, gained on behalf of our client.

The UK can be decisive when devising a litigation strategy in Europe.  With the success of our team of UK litigators, we are routinely trusted with high value cases including those at the highest Supreme Court of the UK.  We are well placed to advise on using the UK courts and/or the UPC’s “long arm” jurisdiction.

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Patent attorneys doing litigation

Patent attorneys add unique value to litigation and enhance our results. 

This is especially so for the UPC because all patents litigated at the UPC have been granted by the European Patent Office (EPO) and so are governed by a unique blend of UPC and EPO case law which needs intricate knowledge.

Moreover, where possible the same patent attorney will have drafted and strategically prosecuted the case in suit, and can run any parallel EPO opposition proceedings, bringing deep technical continuity to the litigation.

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UPC strategy

The UPC presents unique challenges compared with national patent litigation.  The streamlined timeline from service to decision is short, around 12 months, and the judges are given limited time to work on a case. The court sets tight deadlines to prepare and file each round of written briefs. A UPC action needs deep technical analysis upfront; to develop the winning strategy and present the best arguments.

Often the UPC case is part of a multi-dimensional portfolio.  Our patent attorneys strategically prosecute patent applications and develop portfolios, working closely with our litigators, to secure claims ready for assertion and robust to challenge at the UPC.

Meet our Head of Knowledge

The UPC is still new by established court standards, and the body of case law is still evolving. Well before the UPC launched, our Head of Knowledge championed the UPC laws and processes, and he has continued to closely follow all the evolving case law.

Darren is a European patent attorney with decades of contentious experience at the EPO, and is an honorary professor at Queen Mary University of London, teaching IP law.

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Darren Smyth
Partner, UK and European Patent Attorney, Design Attorney, UPC Representative
Speak to an expert

Meet our UPC team

Our team includes leading Attorneys-at-Law in Germany, technically skilled European patent attorneys, and highly reputed UK solicitors with experience in some of the largest European patent cases. With specialists based in Germany, Sweden (home to the UPC’s only regional division), and the UK (Europe’s largest litigation venue outside the UPC), we field formidable teams tailored to each case.

Our attorneys have worked together successfully for many years, enabling us to respond quickly and intelligently under the UPC’s tight timelines and new procedures. We offer clients a single point of contact for co-ordinated, cross-border litigation support.

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Christof Höhne
Partner, Rechtsanwalt, UPC Representative
Jerome Spaargaren
Partner, UK and European Patent Attorney, UPC Representative
Matthew Blaseby
Partner, UK and European Patent Attorney, UPC Representative
Michael Nielsen
Partner, UK and European Patent Attorney, UPC Representative
Monika Rai
Partner, UK and European Patent Attorney, Solicitor, UPC Representative
Isabelle Schaller
Partner, Rechtsanwältin, UPC Representative
Sebastian Fuchs
Partner, Rechtsanwalt, UPC Representative
Gareth Probert
Partner, UK and European Patent Attorney, UPC Representative
Heather McCann
Partner, UK and European Patent Attorney, UPC Representative
James Seymour
Partner, UK and European Patent Attorney, UPC Representative
Catherine Howell
Partner, Solicitor

Discover our featured insights

Stay informed with the latest UPC developments and the global IP landscape. Tune into our EIP Talks podcast, explore expert insights and browse our published articles and thought leadership, all designed to keep you ahead in the world of intellectual property.

The UPC After Three Years: From Experiment to Enforcement Forum
15 July 2026
1,282 cases filed at the UPC in three years: infringement actions have surged while revocation filings stayed flat, easing fears the Court would become a European patent graveyard.
Choosing your SEP battleground: UPC, Germany or UK?
07 June 2026
Choosing the right venue for SEP litigation can significantly influence the outcome of FRAND disputes. This article compares the UPC, German and UK courts, examining their approaches to injunctions, FRAND defences, rate-setting and enforcement. It highlights the strategic advantages of each jurisdiction and explains why many SEP owners are increasingly turning to the UK and UPC as part of their European enforcement strategy.
Confidentiality at the UPC: What litigants need to know
21 January 2026
This article explains how the Unified Patent Court approaches confidentiality in litigation, outlining the procedures for restricting access to sensitive information, how confidentiality clubs are formed, and when hearings may be held in private. It highlights key case law shaping these rules, the balance between fair trial rights and protection of commercial data, and the penalties for breaches. Practical guidance is provided to help parties navigate applications, manage confidential documents, and understand what to expect throughout UPC proceedings.

The latest from the Newsroom on UPC

Replacement parts and the value of asserting a narrower claim combination
17 July 2026
The UPC's Düsseldorf Local Division found that Wessper's cartridges indirectly infringed Brita's patent, and that a narrower claim combination can turn a consumable into an essential element.
Preliminary objection on jurisdiction partially successful – UPC clarifies requirements of anchor-defendant jurisdiction for non-UPC territories
25 June 2026
The Hamburg Local Division let Nixu pursue US-based Infoblox in the UPC for Germany, France and Finland, but threw out the UK claim. To reach a non-UPC territory through an anchor defendant, a claimant must plead joint infringement there.
UPC applies party-driven equivalence test in absence of Court of Appeal guidance
25 June 2026
The Helsinki Local Division found AIM's TV-advertising patent valid but not infringed by TGI, and with no Court of Appeal ruling on equivalence yet, adopted the four-step test both sides put forward, the UPC following the parties' lead.
Prosecution history in claim interpretation at the EPO
10 June 2026
In Agathon v Intercom, the UPC's Milan Local Division confirmed that statements made during EPO prosecution are not binding but can offer low-weight guidance on the skilled person's view — here narrowing 'abuts' against the patentee.
Revocation of an order to inspect and preserve evidence as Applicant did not start proceedings on the merits, R. 198.1 RoP
09 June 2026
In Otec v Steros, the UPC's Dusseldorf Local Division revoked an ex parte inspection order after the applicant failed to sue on the merits in time, ordering all preserved evidence returned and destroyed.
UPC Court of Appeal reverses infringement ruling in both Germany and UK
05 June 2026
On 2 June 2026 the UPC Court of Appeal overturned the Mannheim Local Division's infringement findings against Kodak in both Germany and the UK, on a prior user right in Germany, and on lack of defendant liability in the UK, while upholding the validity of EP 3511174 as amended and laying down a structured framework for exercising jurisdiction over non-EU designations.
UPC finds infringement of two motorcycle tyres patents following international exhibition
05 June 2026
These Decisions from the Local Division of the Unified Patent Court in Milan relate to EP2519412 and EP3519207. The Applicant, Pirelli Tyre S.P.A. ("Pirelli") brought two separate infringement actions following respective seizure orders against Tianjin Kingtyre Group Co., Ltd ("Kingtyre") and Sichuan Yuanxing Rubber Co., Ltd. ("SYR"), in view of the exhibition of allegedly infringing products by the defendants at the "International Motorcycle Exhibition" ("EICMA") between 5 and 10 November 2024.

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We’d love to hear from you. Whether you're exploring ways to protect, manage or maximise the value of your intellectual property, we are here to provide tailored support and strategic insight.

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