A prominent position is articulated in the open letter by Bardehle Pagenberg, which argues that uneven case distribution is neither surprising nor problematic. According to this view, concentration is a market‑driven outcome reflecting litigants’ preferences for experienced courts and predictable procedures—patterns that already existed in pre‑UPC national litigation. Regulatory intervention, the authors warn, risks undermining party autonomy and the system’s early success.

Other stakeholders adopt a more cautious stance. The UPC Advisory Committee has explicitly invited observer organisations to analyse the reasons for the imbalance and to consider whether measures encouraging a broader geographic spread may be warranted. EPLAW has clarified that it has not endorsed any corrective measures but is merely collecting member input for the Advisory Committee’s deliberations.

Academic and policy commentary highlights a deeper concern: sustained concentration in historically dominant venues may shape procedural expectations and litigation culture in ways that gradually narrow effective choice, even without formal constraints. From this perspective, the debate is less about caseload management than about the long‑term legitimacy of a “truly European” patent judiciary.

More comprehensive reviews of the discussion can be found on ipfray, Juve patent, and the Kluwer Patent Blog.

Der Beitrag Uneven Distribution of UPC Cases erschien zuerst auf meier ip.

Completion of the transition from the old CMS (which is still needed for most UPC CMS functions at the time of phase 1 of the new CMS roll-out ) might be a blow to companies that offer dedicated authentication and signature card solutions tailored for the old CMS.

Der Beitrag New UPC CMS erschien zuerst auf meier ip.

The ranking of December 2024 has revealed a surprising trend: some of the top patent law firms, renowned for their national prosecution and litigation work, are not to be found in the UPC ranking. This includes firms that have played a pro-active role in the preparation of the new system (such as BOEHMERT & BOEHMERT with Prof. Goddar) and firms that are ranked in the top tier for national litigation (such as df-mp).

Der Beitrag First UPC litigation ranking by JUVE Patent erschien zuerst auf meier ip.

Der Beitrag epi podcast on UPC case law erschien zuerst auf meier ip.

The Union des Associations Européennes de Football (UEFA) is one of the co-defendants.

The matter is pending under the official case number ACT_16267/2024.

Der Beitrag Soccer-related UPC proceedings erschien zuerst auf meier ip.

This rationale is interesting in consideration of the fact that (i) in many other jurisdictions, it is only the date that matters (and some Courts, such as the German Federal Patent Court, do not appear to be set up for determining at which time of day an action is received when filed in paper form); (ii) may stakeholders are inclined to adopt a “first to act” strategy (in particular if they believe a local division to be more patentee-friendly than the central division, as also discussed in Hoffmann Eitle’s webinar today), with the time of day being potentially decisive for who was first to act; and (iii) the “smallest unit of time” for determining which event happened first (time of day or date only) can be relevant for scenarios other than infringement / revocation actions, such as determining whether an opt out or UPC revocation was effective earlier (relevant for the admissibility of a UPC revocation action).

Der Beitrag UPC time considerations erschien zuerst auf meier ip.

Der Beitrag UPC developments erschien zuerst auf meier ip.

The value in dispute is 100 Mio. EUR. A lawsuit between the same parties regarding a U.S. patent family members of the patent now challenged before the UPC was recently decided by the U.S. Supreme Court in Amgen vs. Sanofi. The U.S. case dealt with the interesting question of enabling disclosure over the full claim scope or, stated differently, the degree to which independent claims may be generalized as compared to the specific embodiments (which were considered to be disclosed in an enabling manner in the U.S. case).

This is a worthy start for the UPC system, which clearly attracts interesting cases.

It is a bit unfortunate that, notwithstanding all efforts to set up a modern, all electronic system, the revocation action appears to have been filed in paper form pursuant to R. 4.2 UPC (UPC CMS not working properly).

Der Beitrag UPC isolated revocation action erschien zuerst auf meier ip.

While this resignment is a significant loss for the bench of the UPC, this ethics and level of reflection is to be applauded. It also contrasts nicely with the “the part-time judge system works for the Swiss Federal Patent Court, hence it is going to work for the UPC”-attitude that I have sometimes heard in the past. (Just to be clear: Of course, such a system can work, but concerns as regards potential conflicts of interest are to be taken seriously.) It will be interesting to see whether this resignment will remain an isolated event or whether more TQJs are going to re-consider the situation in the weeks or months to come.

Der Beitrag Technically qualified judges at the UPC erschien zuerst auf meier ip.

Der Beitrag Judges panel in UPC conference erschien zuerst auf meier ip.