The EPO co-hosted a conference on the new unitary patent system in the mid- November 2022. Part of the conference was a judges panel featuring some of the prominent figures that were recently elected to the UPC bench. Various topics were discussed. Just some examples: There appeared to be consensus among the panelist judges that it will be rare for a revocation counterclaim to be separated from infringement proceedings and be sent to the central division (unless there are plural revocation counterclaims before different local/regional divisions). The judges’ current views appeared to be less aligned with regard to issues such as disproportionality of injunctive relief. A recording of the conference is still available online – worth watching if you are interested in this topic.
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