Our team of experienced attorneys are well versed in the complexities of opposing and defending patent infringement claims. Where appropriate we work seamlessly with litigation counsel in other jurisdictions to safeguard our clients’ legal interests and ensure an all-round strategy for tackling disputes.

The Unified Patent Court (UPC) has the exclusive competence to hear infringement actions for the both European unitary patents and those conventional European patents that have not been opted-out of the UPC jurisdiction during the transitional period.

Infringement proceedings before the UPC

Patent infringement actions are typically brought before the applicable Local or Regional Division of the UPC although, in some circumstances, they may be heard by the Central Division. Counterclaims for revocation and/or a declaration of non-infringement must be brought before the same division as the infringement action to which they relate. In the cases of multi-country or multi-defendant actions, the UPC Rules of Procedure provide some flexibility for the choice of division, enabling “forum shopping” to at least some extent.

Infringement actions before the UPC are characterised by short procedural timescales which enable a decision on the merits to be provided within about a year from the commencement of proceedings. Similar to patent revocation proceedings, infringement proceedings comprise written, interim and oral phases. In most cases, hearings will only be allocated a single day with a formal decision generally being given at the end of the hearing, similar to EPO opposition and appeal proceedings. Formal written decisions are generally issued by the court within six weeks of the oral hearing.

UPC measures and remedies

The Unified Patent Court has a variety of legal measures which may be ordered during the course of patent infringement proceedings, including orders for the preservation of evidence (saisie), for inspection and for the freezing of assets. Provisional measures in the form of interim injunctions (both ex and inter partes) are also available conditionally, alongside conventional orders for damages and costs.

Our European patent attorneys work alongside local counsel as a part of pan-European litigation teams to defend our clients’ patent rights in complex patent infringement matters, bringing a unique technical insight, particularly in cases where we have been responsible for drafting and or prosecuting the contested patent(s).

Our UPC patent infringement services include:

  • Direct client representation in infringement proceedings before the UPC, working with local patent litigation counsel, where appropriate
  • Filing and defending patent infringement actions
  • Strategic advice concerning patent infringement in Europe
  • Coordinating EPO opposition and appeal proceedings in parallel with patent infringement actions before the UPC

Guide to the Unified Patent Court (UPC)

Read our detailed guide to the UPC, including legal sources, jurisdiction, the opt-out, provisional application period, transitional period, UPC structure, where to start a case, transfer of actions between divisions and miscellaneous rules on choice of forum, languages, representation, judges, overview of proceedings, remedies, court fees and cost recovery, and relationship with opposition.

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Meet the team

Partners

David Alcock
David Alcock
Partner, Patent Attorney
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Anton Baker
Anton Baker
Partner, Patent Attorney
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Rachel Bateman
Rachel Bateman
Partner, Patent Attorney
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Robbie Berryman
Robbie Berryman
Partner, Patent Attorney
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Alan Boyd
Alan Boyd
Partner, Patent Attorney
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William Burrell
William Burrell
Partner, Patent Attorney
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Matthew Caines
Matthew Caines
Partner, Patent Attorney
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Zöe Clyde-Watson
Zöe Clyde-Watson
Partner, Patent Attorney
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James Cornford
James Cornford
Partner, Patent Attorney
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Jonathan DeVile
Jonathan DeVile
Partner, Patent Attorney
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Matthew Dick
Matthew Dick
Partner, Solicitor
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Garreth Duncan
Garreth Duncan
Partner, Patent Attorney
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Doug Ealey
Doug Ealey
Partner, Patent Attorney
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Kirk Gallagher
Kirk Gallagher
Partner, Patent Attorney
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Hanns-Juergen Grosse
Hanns-Juergen Grosse
Partner, Patent Attorney
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Charles Harding
Charles Harding
Partner, Patent Attorney
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David Horner
David Horner
Partner, Patent Attorney
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Jonathan Jackson
Jonathan Jackson
Partner, Patent Attorney
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Lawrence King
Lawrence King
Partner, Patent Attorney
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Antony Latham
Antony Latham
Partner, Patent Attorney
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Darren Lewis
Darren Lewis
Partner, Patent Attorney
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Nicholas Malden
Nicholas Malden
Partner, Patent Attorney
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Connor McConchie
Connor McConchie
Partner, Patent Attorney
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Cathrine McGowan
Cathrine McGowan
Partner, Patent Attorney
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David Meldrum
David Meldrum
Partner, Patent Attorney
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Simon O'Brien
Simon O'Brien
Partner, Patent Attorney
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Jennifer O'Farrell
Jennifer O'Farrell
Partner, Patent Attorney
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Tom Pagdin
Tom Pagdin
Partner, Patent Attorney
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Senior Associates

Martin Bicker
Martin Bicker
Senior Associate, Patent Attorney
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Andrew Cockerell
Andrew Cockerell
Senior Associate, Patent Attorney
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Robert Kelly
Robert Kelly
Senior Associate, Patent Attorney
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Ryan Lacey
Ryan Lacey
Senior Associate, Patent Attorney
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Arun Roy
Arun Roy
Senior Associate, Patent Attorney
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Gemma Sparrow
Gemma Sparrow
Senior Associate, Patent Attorney
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Alice Stuart-Grumbar
Alice Stuart-Grumbar
Senior Associate, Patent Attorney
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Associates

David Al-Khalili
David Al-Khalili
Associate, Patent Attorney
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Emma Hamilton
Emma Hamilton
Associate, Patent Attorney
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Ben Hunter
Ben Hunter
Associate, Patent Attorney
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Samuel Keyes
Samuel Keyes
Associate, Patent Attorney
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Mathias Smolarski
Mathias Smolarski
Associate, Patent Attorney
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Nathaniel Wand
Nathaniel Wand
Associate, Patent Attorney
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Toby Willis
Toby Willis
Associate, Patent Attorney
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Stephanie Wroe
Stephanie Wroe
Associate, Patent Attorney
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Attorneys, Rechtsanwälte & Solicitors

Oliver Cartwright
Oliver Cartwright
Patent Attorney
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Keith Daly
Keith Daly
Patent Attorney
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Khalil Davis
Khalil Davis
Patent Attorney
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William Powell
William Powell
Patent Attorney
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William Powell
William Powell
Patent Attorney
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Simon Schofield
Simon Schofield
Patent Attorney
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Samuel Smith
Samuel Smith
Patent Attorney
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Harry Ventress
Harry Ventress
Patent Attorney
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Assistants

Matthew Gallon
Matthew Gallon
Technical Assistant
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Michael Reynolds
Michael Reynolds
Technical Assistant
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Joshua Wallington
Joshua Wallington
Technical Assistant
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