19 January 2024
Since launching on 1 June 2023, the Unified Patent Court has received around 190 actions. This includes 67 infringement actions, 25 revocation actions, 79 counterclaims for revocation and some applications for provisional measures, applications for preserving evidence and one declaration of non-infringement. The chart below shows each of these as a percentage of the total number of actions.
These cases are split geographically as shown in the chart below. Germany has received 124 actions, representing about 65% of the total number. Of these, 62 have been instituted in Munich and the remaining cases split between Mannheim, Dusseldorf, and Hamburg, which have received 30, 17 and 15 cases, respectively. France has received 39 actions, representing 21% of the total number. In other words, more than 80% of the actions are divided between Germany and France.
The chart below illustrates the distribution of cases across the Central and Local Divisions of the UPC.
By far the greatest number of cases have been brought before the local division in Munich (58). This is followed by the Central Division in Paris (21) and the local division in Paris (18), and the local divisions in Mannheim (30), Dusseldorf (17) and Hamburg (15). The remaining Divisions have all received fewer than 10 cases each.
In terms of the language of proceedings, the main languages are German (49% of all cases) and English (44%) as shown in the chart below.
Withers & Rogers is continuing to monitor the progress of actions being brought before the UPC and will be publishing updates and key developments on its website. For any UPC-related queries, please contact us at UPCenquiry@withersrogers.com.
Marie-Claude Pellegrini & Nicholas Watermeyer
© Withers & Rogers LLP January 2024