The UPC Hub

Case reports, trends, insights and the litigators behind them. One place to follow how the UPC is shaping patent litigation in Europe.

40UPC Representatives when Uniphy launched
3European countries with EIP offices: the UK, Germany and Sweden

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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Safeners can be active substances for purposes of supplementary protection certificates, says CJEU

07 August 2014
2014-08-07

C‑11/13 Bayer CropScience AG v Deutsches Patent- und MarkenamtThe Court of Justice of the European Union rules that a supplementary protection certificate (SPC) can be granted in respect of a safener.

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Life
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Trademarks in sport

14 July 2014
2014-07-14

A strong brand, and trademark protection, create business value. Indeed, intellectual property can become a company’s most valuable asset. Branding in sport is big business.

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Trademarking
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Alice explained – US Supreme Court decision on computer-implemented inventions

01 July 2014
2014-07-01

The question presented in Alice was whether claims directed to a computer-implemented scheme for mitigating “settlement risk” are patent eligible under 35 U. S. C. §101.

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Digital
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YouView facing a re-brand after High Court ruling on trademark infringement

19 June 2014
2014-06-19

In the latest decision of a long-running battle over use of the trademark “youview”, the High Court issued a decision, this week, that may require the £100 million internet television service to...

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Litigation
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Digital
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Benefits for UK businesses as the Intellectual Property Act receives Royal Assent in the UK

18 May 2014
2014-05-18

UK Intellectual Property law was enhanced last week when the Intellectual Property Act 2014 (IP Act) was given Royal Assent. It is expected that the IP Act’s provisions will start to come into force...

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Life
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First
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Uncertainty remains over medical device SPCs in Europe

09 April 2014
2014-04-09

The UK Intellectual Property Office has refused to grant an SPC for a medical device, as noted in the decision BL O/141/14. Whilst those aware of the SPC legislation may not find this surprising, a...

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Litigation
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Trunki decision overturned based on different interpretation of scope of design

31 March 2014
2014-03-31

A recent decision of the Court of Appeal of England and Wales has highlighted again the importance of the form and amount of detail shown in the views (formally called “representations”) of a design...

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Litigation
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Cosmetic Warriors in the High Court

16 March 2014
2014-03-16

In Cosmetic Warriors Limited & Lush Limited v Amazon.co.uk Limited & Amazon EU SARL, Mr John Baldwin QC (sitting as deputy judge) found that the aforesaid Amazon companies (collectively referred to...

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Litigation
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Betty Boop as a badge of origin

06 March 2014
2014-03-06

In Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) Mr Justice Birss held that A.V.E.L.A. Inc. and its co-defendants (together “AVELA”) have infringed Hearst Holdings Inc.

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Litigation
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No Glee in the UK with Reverse Confusion

27 February 2014
2014-02-27

Roger Wyand QC (sitting as a Deputy High Court Judge) recently handed down judgment in Comic Enterprises Limited v Twentieth Century Fox Film Corporation [2014] EWHC 185 (Ch).

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Litigation
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The sticky question: when is a GUI-related invention “technical”?

10 December 2013
2013-12-10

Case law on the European Patent Office’s approach to non-technical inventions is quite a minefield. This is particularly so in relation to inventions that involve a presentation of information.

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Depressing result for Lundbeck as Resolution not kept down by legalities - the narrow scope of Privity of Interest

14 October 2013
2013-10-14

Resolution Chemicals Ltd v H Lundbeck A/S Court of Appeal (Civil Division), 29 July 2013Lundbeck’s patent for the pharmaceutical enantiomer escitalopram has been extensively litigated worldwide.

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Quicker, cheaper, easier!

10 October 2013
2013-10-10

Two sets of changes to the framework for proceedings between parties in intellectual property (IP) disputes in the UK were both introduced on 1 October 2013.

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Trademarking
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FA Premier League takes the lead in battle against linking to infringing match content

01 October 2013
2013-10-01

Football Association Premier League Ltd v British Sky Broadcasting Ltd and others [2013] EWHC 2058 (Ch)SummaryBy way of a hearing on 16 August 2013, the Football Association Premier League (“FAPL”),...

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Litigation
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Smart card patents that were not so smart

29 September 2013
2013-09-29

In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV[2013] EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications patents concerning...

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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.

UPC appeals after three years: Early indications on appeal success rates
15 July 2026
Three years into the UPC, appeal overturn rates sit at 56% for both substantive and preliminary injunction cases, with Kodak v Fujifilm among the rulings reshaping outcomes on appeal.
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.
What is the likely timing of the UPC and UP coming into being?
09 June 2022
The Unified Patent Court (UPC) is currently completing preparations to be open for business (under the Protocol on the Provisional Application of the UPC Agreement (the ‘PAP-Protocol')).

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.
Late Applications for Provisional Measures Refused for Lack of Urgency
14 July 2026
In Ericsson v ASUSTeK, the Milan Local Division refused a provisional measures application filed 21 months into the case, finding continuing infringement and rising losses alone do not establish urgency.
UPC revokes provisional injunction on motorbike helmet intercoms system
29 June 2026
The UPC Local Division Milan revoked Cardo's provisional injunction against Reso, ruling its helmet intercom products fall outside the scope of EP4240194, neither literally nor by equivalence.
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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