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Day Zero - UPC Litigation Forum: Monday, 19 Jan, 20269:00 - 10:00Registration10:00 - 10:10Chair’s Introduction to the UPC Litigation Forum10:10 - 11:00UPC Case Law Review: A Discussion of the Trends and Changes Taking Place at Europe’s Newest Patent Court
UPC Case Law Review: A Discussion of the Trends and Changes Taking Place at Europe’s Newest Patent Court
As the UPC continues to take shape through early rulings, procedural clarifications, and appeals, legal teams across Europe are watching closely to understand how this new venue is redefining enforcement strategy. This session offers a practical review of the key decisions to date, considers procedural and jurisdictional trends, and examines the strategic calculus of litigating in the UPC versus national courts.
• Review recent UPC case law and appeals to understand emerging judicial approaches and procedural norms:
- Edwards Lifesciences v Meril (2025)
- Mul-T-Lock v IMC Créations (2025)
- Abbott Diabetes Care v Sibio Technology (2025)
• Examine strategic decision-making: when and why companies are choosing the UPC over national courts. Compare early UPC developments to UK patent litigation to identify points of convergence and divergence.Session Type:Panel11:00 - 11:45The Development of the Doctrine of Equivalents Case Law: Comparing the UPC with National Jurisdictions
This session examines how the UPC’s evolving case law on equivalence compares with national practices in jurisdictions such as the UK, Germany, and Brazil. With recent UPC decisions applying the four-prong test to life sciences disputes, panellists will assess whether the doctrine is delivering legal certainty while ensuring fair protection for patentees.
• Analyse how recent UPC rulings apply the doctrine of equivalents and compare with approaches in the UK, Germany, and Brazil.
• Are the four key UPC questions workable in practice, especially in the life sciences context?
• Evaluate the balance between legal certainty for third parties and fair protection for patent holders under the UPC system.Speaker(s):
Viviane Kunisawa
PartnerDaniel LawSession Type:Panel11:45 - 12:15Networking Break12:15 - 13:15UPC Judges Panel Session: Understanding the Case Law and Operations Behind the Decision Makers at the Court.UPC Judges Panel Session: Understanding the Case Law and Operations Behind the Decision Makers at the Court
Join an exclusive panel featuring esteemed judges from the UPC, whose decisions are shaping the future of patent litigation across Europe. This prestigious session offers a rar opportunity to gain invaluable insights into the judicial mindset and decision-making processes at one of the most important new patent courts globally. Don’t miss this chance to engage with the very authorities defining the UPC’s jurisprudence and influencing litigation strategies across industries.
Speaker(s):
Emmanuel Gougé
Honourable JudgeUPC Court of Appeal
Kai Harmand
Honourable JudgeUPC Court of First Instance
Peter Blok
Honourable JudgeUPC Court of Appeal
Ronny Thomas
Honourable JudgeUPC Local DivisionSession Type:General Session (Presentation)13:15 -14:15Networking Lunch14:15 - 15:00The UPC and Injunctions: Is the Court Shaping up to be Pro-Patentee?
With the UPC issuing an increasing number of rulings, its developing case law on injunctions is critical for shaping enforcement strategies. For IP counsel and litigators, understanding how and when the UPC is willing to grant or deny injunctions - whether preliminary or permanent - is essential for advising clients, managing litigation risk, and crafting effective pan-European strategies.
• Review Grundfos v. Canned Motor Pump (Düsseldorf LD), where the court issued a permanent injunction despite ongoing licensing talks and clarified that lack of inventive step must be explicitly argued - not merely referenced via prior art.
• Analyse Boehringer v. Zentiva (Lisbon LD), in which the court denied provisional measures due to lack of proof of imminent infringement, offering key insights into evidentiary thresholds at the UPC.
• Understand the Milan LD’s approach to litigation costs in Ericsson v. Digital River and Oerlikon v. Bhagat, highlighting how procedural context and case complexity affect fee shifting.
• Discuss how this growing body of UPC injunction case law is influencing strategic decision-making across industries and jurisdictions.Speaker(s):
Ewan Nettleton
Principal IP Counsel- Oncology LitigationNovartis
Tobias Wuttke
PartnerBardehle PagenbergSession Type:General Session (Presentation)15:00 - 15:45Claim Construction at the UPC: A Review of EPO, National and UPC Case Law
Claim Construction at the UPC: A Review of EPO, National and UPC Case Law This session examines the UPC’s evolving approach to claim interpretation, highlighting key decisions that clarify how claims are construed in comparison with EPO and national practices. It will explore recent landmark rulings and ongoing developments shaping patent litigation strategies.
• Review the UPC Court of Appeal decision NanoString Technologies v. 10xGenomics, which clarified the standard for interpreting patent claims based on Article 69 EPC and its Protocol, affecting both infringement and validity assessments.
• Examine the ongoing question of whether the file wrapper should be considered in claim construction, which awaits a final decision by the UPC Court of Appeal.
• Analyse the decision of G1/24 and its impact upon claims raised at national courts, the EPO and the UPC.Speaker(s):Session Type:Panel15:45 - 16:00Networking Break16:00 - 16:45Interactive Workshop Session16:45 - 17:00UPC In-House Strategy Session: Settlements, Prosecution and Cost Savings
The UPC is not just a litigation forum—it is also proving to be a strategic lever for in house counsel seeking faster resolutions, stronger negotiating positions, and cost effective enforcement. This session will examine how companies are recalibrating their patent prosecution and litigation strategies to take advantage of the UPC’s tight timelines, wide territorial scope, and growing body of case law on injunctions and costs.
• Explore how the mere filing of UPC cases—such as Ocado’s triple-action move against Autostore—can accelerate settlements in long-running, multi jurisdictional disputes.
• Understand how the UPC’s efficiency and Europe-wide reach heighten pressure on implementers, making the threat of an injunction a powerful driver of licensing outcomes.
• Examine how the UPC’s approach to proportionate injunctions and litigation cost allocation (e.g., Milan LD rulings) are influencing early settlement calculus and portfolio management.
• Discuss how in-house teams are adapting prosecution strategies—such as timing of unitary effect requests—to align with their risk tolerance and enforcement goals.
Session Type:General Session (Presentation)17:00 - 17:45The Reach of the UPC: Long-Arm Jurisdiction and Strategic Considerations for Non Member States
As the UPC becomes more active, questions are emerging around its jurisdictional reach—particularly regarding its influence on companies and enforcement strategies in non-UPC countries like the UK and Spain. This session explores how far UPC decisions can stretch, and what it means for rights holders and litigants operating beyond its formal borders.
• Examine the potential extraterritorial effect of UPC decisions on non participating states. • Hear perspectives from UK, Spanish, and international counsel on the limits and risks of UPC long-arm jurisdiction.
• Explore defensive and offensive strategies for companies based in or targeting non-UPC jurisdictions.Session Type:General Session (Presentation)17:45 - 17:55Chair Closing Comments17:55Icebreaker Drinks Reception -
Day One: Tuesday, 20 Jan, 20268:00am - 9:00Registration9:00 -9:10Chairs’ Opening Remarks: Introduction to Patent Litigation Europe9:10 - 10:00The Power of the Injunction: Discuss Central Cases and Jurisdictions within the SEP & FRAND Litigation Landscape
The Power of the Injunction: Discuss Central Cases and Jurisdictions within the SEP & FRAND Litigation Landscape
With preliminary injunctions becoming a decisive battleground in global SEP and FRAND disputes, this session explores how courts across key jurisdictions are shaping access to—and constraints on—injunctive relief. From the Vodafone/HMD matter in Germany to expanding dockets in Brazil, India, and China, this session unpacks strategic use of injunctions by both SEP holders and implementers, while spotlighting where legal frameworks may shift next. Explore how national courts and the UPC are interpreting proportionality, the influence of the European Commission, and the contrasting positions across global IP enforcement venues.
• Compare how courts in Germany, the UK, the UPC, and the US weigh proportionality, public interest, and enforcement policy when determining injunction relief in SEP cases
• Examine the rising use of anti-suit and anti-anti-suit injunctions in China, India, and the US, and how they affect global access to courts and the ability to litigate or settle FRAND terms.
• Explore how jurisdictions like Brazil and Colombia are shaping global negotiations through low-cost, fast granting preliminary injunctions and limited review of FRAND defences.
• Discuss the possibilities of Injunctive relief in the USA and a change from the eBay standard.
Speaker(s):
Steven Baldwin
PartnerKirkland & Ellis
Le Chen
Senior Director- IP Policy & Dispute ResolutionXiaomi Technology
Koenraad Wuyds
Chief IP OfficerKPN
Gabriele Mohsler
VP Patent DevelopmentEricssonTime:9:10 - 10:00Session Type:General Session (Presentation)10:00 - 10:45The Role of Competition Authorities within the Litigation and Licensing Landscape
Competition authorities are playing an increasingly influential role in shaping SEP and FRAND disputes worldwide. This session examines how regulators—from the European Commission to antitrust bodies in Brazil, India, and the US— are impacting injunction enforcement, licensing conduct, and broader litigation strategies. Panellists will discuss the political and consumer protection pressures driving authority interventions and how these forces interact with ongoing court cases and regulatory reforms.
• Analyse how competition authorities in Europe, Brazil, India, and the US influence injunction policies and SEP licensing practices.
• Discuss key investigations and decisions, including the European Commission’s amicus briefs and Brazilian antitrust probes into preliminary injunctions.
• Understand the evolving intersection of antitrust enforcement with SEP litigation and how it affects parties’ negotiation and enforcement strategies.
Time:10:00am - 10:45amSession Type:General Session (Presentation)10:45 - 11:15Networking Break11:15 - 12:00Mediate, Arbitrate, License, Oppose or Litigate? Decisions for the Tech Sector
Navigating intellectual property disputes requires strategic decisions on the most effective resolution paths. This session explores the full range of options available to tech companies—from mediation and arbitration to licensing, opposition, and litigation. Gain insight into when each tool is best suited, how to manage IP portfolios proactively, support innovation teams, and balance the operational and financial impact of disputes on your business.
• Explore the expanding role of mediation and arbitration as faster, cost-effective alternatives to traditional litigation in various IP disputes.
• Understand the potential impact of the new UPC Mediation and Arbitration Centre in Ljubljana, and how it may change dispute resolution for European patent holders and implementers.
• Understand how strategic licensing and portfolio management can help avoid costly conflicts and support innovation.
• Discuss when to escalate matters through opposition proceedings or litigation and how to prepare for large-scale enforcement campaigns globally.
Speaker(s):
Bas Van Buul
Director of IPInalfa Roof SystemsTime:11:15 - 12:00Session Type:General Session (Presentation)12:00 - 12:45AI and the Impact Upon Global Patent Litigation Strategies
Speaker(s):
Peter Finnie
PartnerPotter Clarkson
Yann Dietrichh
Group Head of IPAtosTime:12:00 -12:45Session Type:General Session (Presentation)12:45 - 13:45Networking Lunch13:45 - 14:30National Courts vs the UPC: Venue Selection and Decision Making for the Tech & Innovation Industries
As the UPC establishes its position in the European IP landscape, the tension between national courts and the UPC is growing more pronounced. From Germany’s increasingly patentee-friendly stance to the emerging strategic importance of UPC first-instance decisions, this session unpacks the evolving dynamics shaping venue selection. With leading jurisdictions competing for relevance and consistency, legal teams must carefully weigh litigation strategies, timelines, and judge behaviour across venues. This session explores what’s driving decision-making in general technology patent litigation cases, FRAND and SEP disputes, and how industry stakeholders are navigating a fragmented, fast-moving litigation environment.
• Compare litigation strategy and outcomes between the UPC and key national courts, including Germany and the UK.
• Assess how judicial behaviour, timing, and appeal prospects are influencing venue selection in high-stakes tech disputes.
• Understand the impact of important case law at the UPC, including Panasonic vs Oppo (2024) and determine your strategy accordingly.
Speaker(s):
Florian Schmidt-Bogatzky
PartnerHerbert Smith Freehills KramerTime:13:45 - 14:30Session Type:General Session (Presentation)14:30 - 15:15Patent Office Strategy Meets Litigation Reality
In an increasingly complex global enforcement environment, the interaction between patent office proceedings and patent litigation has taken on new strategic significance. This two-part session explores how decisions in front of the EPO and USPTO impact litigation outcomes and timing, with a focus on high-stakes technology cases.
Part 1: The EPO, the UPC, and the Changing Dynamic of Parallel Proceedings
• Assess the implications of EPO oppositions running concurrently with UPC litigation—how does the UPC's approach differ from traditional bifurcated systems like Germany?
• Explore tactical questions: Should you oppose at the EPO or litigate at the UPC—or both? And in what order?
• Consider the potential for forum shopping and jurisdictional tension between European litigation and opposition venues.
Part 2: PTAB Discretionary Denials and Their Impact on U.S. Tech Patent Litigation
• Unpack the recent shift in USPTO policy regarding discretionary denial of IPRs under NHK-Fintiv and other frameworks.
• Examine how these changes influence litigation timelines, venue strategy, and settlement leverage—especially in tech-heavy districts like WDTX and EDTX.
• Discuss how tech companies are navigating rare appellate routes and increasing pressure to frontload invalidity challenges in district court.
Session Type:General Session (Presentation)15:15 - 15:45Networking Break15:45 - 17:25Connect 26!Netherland
The Role of the Hague Local Division in Patent Disputes at the UPC
Session Type:General Session (Presentation)UK
The Role of the UK Court in a UPC Context
Session Type:General Session (Presentation)UK (Roundtable 2)
Interim License Strategies in SEP Litigation: Navigating FRAND, Injunction Risks, and Cross-Jurisdictional Impact
Session Type:General Session (Presentation)France
Saisie Contrefaçon- a New Tool in the UPC Armoury
Session Type:General Session (Presentation)Germany
The Power of German National Courts in Light of the UPC
Session Type:General Session (Presentation)China
Turning Litigation into Leverage in SEP Disputes
Session Type:General Session (Presentation)India
Interim Relief and Damages within Indian Patent Litigation
Session Type:General Session (Presentation)USA
Navigating AI in U.S. IP Litigation
Session Type:General Session (Presentation)UPC
The Long Arm Reach of the UPC
Session Type:General Session (Presentation)Latin America
SEP Showdowns in Brazil and Colombia Shift Global Strategy
Session Type:General Session (Presentation)Global
The Power of the Preliminary Injunction in Global SEP Negotiations
Session Type:General Session (Presentation)17:25 - 17:55Chair Ends Day 117:55Networking Drinks Reception -
Day Two: Wednesday, 21 Jan, 20268:00 - 9:00Registration9:00 - 9:10Chair’s Recap of Day 1 and Introduction to Day 29:10 - 10:00
Understanding Different Perspectives Surrounding Patent Quality and Its Impact Upon the Patent Ecosphere
Patent quality remains a critical concern for technology and innovation-driven industries such as IoT, automotive, telecommunications, and medical devices. This session will examine how differing definitions and expectations of quality are shaping global enforcement strategies and IP value. Panellists will explore the role of major patent offices and courts – including the EPO, UPC and PTAB – and discuss how perceptions of patent strength affect licensing leverage, competitive positioning and dispute outcomes across jurisdictions. Expect a comparative and commercially grounded discussion on how businesses are adapting their portfolios and legal strategies in response.
• Compare approaches to patent quality and examination at the EPO, USPTO and other key offices.
• Discuss the relationship between patent quality and litigation outcomes in major venues including the UPC and PTAB.
• Explore how companies in tech and innovation sectors are shaping their portfolios to maximise commercial and legal advantage.
Speaker(s):
Manuel Neetz
IP CounselSiemens Healthineers
Farnaz Massoumian
Senior Patent AttorneyVodafone
Wolfram Thomas
Senior Director- Patent CounselQualcommTime:9:10 - 10:00Session Type:General Session (Presentation)10:00 - 10:45The Converging Fronts of Trade Secret and Patents
As European courts see increased trade secret enforcement activity, particularly in industries like semiconductors, AI, and automotive, the strategic interplay between patent and trade secret protection is evolving. This session will explore the practical and legal considerations that drive trade secret litigation, and how these disputes intersect with patent strategies, particularly in cross-border contexts. Panellists will discuss how European companies are learning from U.S. trade secret practice and how this is shaping enforcement choices, litigation posture, and IP portfolio structuring.
• Examine key differences in procedural tools and evidentiary requirements for trade secret litigation across Europe and the U.S.
• Explore how businesses decide between trade secret protection and patenting in fast-moving sectors like AI, mobility and software.
• Discuss coordination of parallel patent and trade secret disputes, including cross-border enforcement challenges and forum selection strategies.
Time:10:00 - 10:45Session Type:General Session (Presentation)10:45 - 11:15Networking Break11:15 - 12:00Judges Forum: Frand Royalty Rate Determination and Beyond
Judges from leading patent jurisdictions come together to share their perspectives on FRAND royalty rate determination and core technology related patent litigation questions. This forum offers a rare opportunity to hear directly from those shaping the legal landscape around standard-essential patents, licensing disputes, and evolving enforcement trends. The panel will explore practical challenges, judicial approaches, and insights into how courts are balancing innovation incentives with fair competition.
Time:11:15 - 12:00Session Type:General Session (Presentation)12:00 - 12:45NPEs, Defensive Aggregators, and LNGs: How Non-Practicing Entities Are Reshaping Global Patent LitigationNPEs, Defensive Aggregators, and LNGs: How Non-Practicing Entities Are Reshaping Global Patent Litigation
This session explores the evolving role of non-practicing entities NPEs), defensive patent aggregators, and LNGs (Licensing Negotiation Groups) in shaping global SEP and FRAND litigation dynamics. Panelists will discuss how these actors influence licensing strategies, litigation risks, and regulatory frameworks across jurisdictions. Attendees will gain insight into the strategic approaches employed by both implementers and patent holders, the impact of collective licensing initiatives, and ongoing efforts to mitigate patent assertion risks.
• Examine how and if LNGs help smaller implementers navigate antitrust rules and negotiate better SEP license terms, especially in emerging IoT markets.
• Discuss the strategies used by defensive patent aggregators to challenge questionable patents and reduce litigation exposure for their members.
• Understand the latest trends in NPE litigation, including monitoring, patent acquisition strategies, and efforts to address injunction threats in key jurisdictions such as Germany and the USA.
Speaker(s):
Bita Mortazavi
VP of Patent AnalysisRPX CorporationTime:12:00 -12:45Session Type:General Session (Presentation)12:45 - 13:45Networking Lunch13:45 - 14:30Patent Validity: Challenges and Strategies in the Tech & Innovation Sectors
In fast-evolving technology fields such as IoT, automotive, medical devices, and telecommunications, patent validity remains a cornerstone issue in litigation and portfolio management. This session will explore the latest trends, challenges, and best practices for assessing and defending patent validity in these dynamic sectors. Expert panelists will discuss how to navigate evolving prior art landscapes, patent office practices, and validity challenges to strengthen patent portfolios and support successful enforcement strategies.
• Examine key grounds for challenging patent validity in high-tech industries, including novelty, inventive step, and sufficiency of disclosure
• Discuss recent case law and patent office developments impacting validity assessments in Europe and the USA
• Explore strategic approaches to managing validity risk during patent prosecution, portfolio audits, and litigation
Time:13:45 - 14:30Session Type:General Session (Presentation)14:30 - 15:45Unlocking the SEP Puzzle: What New Regulations — or the Lack Thereof — Mean for Global Litigation and LicensingUnlocking the SEP Puzzle: What New Regulations — or the Lack Thereof — Mean for Global Litigation and Licensing
As European SEP regulation stalls, attention is shifting to what might follow. This session explores how evolving regulatory frameworks—such as changes to the EU’s technology transfer block exemption regulation—may affect global litigation strategy and licensing behaviour. Examine how these developments could shape the conduct of patent pools, the obligations of platform companies, and the balance of power between patent holders and implementers.
• Understand how proposed regulatory tightening could affect litigation dynamics and the behaviour of both implementers and SEP holders.
• Explore expectations around transparency, essentiality checks, and the role of patent pools like Sisvel and Avanci.
Assess the potential interplay between future SEP regulation, antitrust enforcement, and the evolving responsibilities of platform companies in global licensing negotiations.
Time:14:30 - 15:45Session Type:General Session (Presentation)15:45 - 15:50Chair Closing Comments15:50Conference Ends
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