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.

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.