UPC protective letters
D Young & Co’s European patent attorneys, registered representatives before the UPC, continue to expand their experience and practice before the Unified Patent Court (UPC). We have recently filed an application to register a "protective letter" at the UPC. Protective letters are an aspect under Rule 207 of the UPC Rules of Procedure which allow a party to lodge arguments and evidence with the UPC in anticipation of and a counter-measure to a party applying to the UPC for injunctive relief for alleged infringements of a European or unitary patent.
The applicant for a protective letter names the parties they fear may apply for an injunction for patent infringement and the patent or patents concerned. As part of the protective letters procedure, the applicant can file evidence and arguments as to why they believe they do not infringe a patent under the jurisdiction of the UPC or reasons for invalidity of the patent. With the protective letter on file, any judge or UPC division must look at this evidence provided under the protective letter before determining whether or not to grant an injunction against a defendant for patent infringement before a full trial.
There have been several such applications for protective letters registered by the UPC, which continues to develop its caseload. To date, there have been 160 cases before the UPC, the majority being brought for infringement and filed before German local divisions of the UPC.
D Young & Co attorneys continue to monitor developments at the new court in order to advise our clients as well as developing our experience representing clients in actions before the UPC.