The UPC is continuing its upward trajectory
28 February 2024
Almost nine months after launch, the Unified Patent Court has received around 250 actions, an average of nearly 28 actions per-month.
Compared to January, the UPC has seen an uptake in infringement actions (with an additional 18 compared to last month) and an increasing number of counterclaims for revocation (an additional 40 compared to last month). The chart below shows each action as a percentage of the total number of actions.
These cases are split geographically as shown in the chart below. Germany has received an additional 57 actions compared with January, representing about 74% of the total number. Of these, 105 are Munich-based and the remaining cases split between Mannheim, Dusseldorf, and Hamburg, which have received 35, 25 and 16 cases respectively. France has received 42 actions (an additional three compared with last month), representing 17% of the total number. In other words, around 90% 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.
Most cases have been brought before the local division in Munich, with 101 in total (an increase of 43 compared with January). The Central Division in Paris follows with 22 (an increase of one) and then the local division in Paris (20) is next. The local divisions in Mannheim (35), Dusseldorf (25) and Hamburg (16) follow on with the remaining Divisions all having fewer than 10 cases each. These locations are still following the same trend as we saw last month and we expect it to continue as we move further into 2024.
The breakdown by country of plaintiffs in infringement actions is the following:
And the breakdown by country of plaintiffs in revocation actions is the following:
In terms of the language of proceedings, the core languages remain as German (56% of all cases) and English (38%) 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 February 2024
