The UPC Aperitivo is an informal yet content-rich session where litigators from across the European Patent Litigators Network come together to discuss key developments surrounding the Unified Patent Court (UPC).
Held several times a year, each Aperitivo features short presentations by EPLN members, highlighting recent cases, procedural updates, and strategic considerations under the UPC framework. These sessions are designed to foster knowledge sharing, debate, and cross-border collaboration within our network.
Whether you’re part of the EPLN or simply interested in the evolving UPC landscape, these talks offer a unique window into what’s shaping patent litigation across Europe.
Each webinar is just one hour – short, sharp, and to the point. If you’d like to join the UPC Aperitivo webinars, please feel free to contact us here.
Below you’ll find recordings of past Aperitivo presentations. Stay tuned as we continue to share more.
In this session, Daniel Colenbrander spoke about “UPC Remedies and Enforcement – Emerging Case Law and Proportionality”, outlining which interim and final remedies may be granted by the UPC, how proportionality principles are applied in practice when granting such remedies, and concluded with practical takeaways from the developing case law.
In this session, Gwendal Barbaut reviews the first two years of UPC case law, highlighting how the court applies ex parte and inter partes procedures, the balance of interests between parties, and the conditions for granting or denying seizure orders. He also discusses confidentiality issues, proportionality, and the growing cross-border use of these measures beyond the traditional French, Belgian, and Italian approaches.
The question how strictly the UPC will adhere to established EPO practice in the assessment of the validity of patents asserted before the UPC remains a pressing issue worth scrutinizing. A recent decision issued by the Court of Appeal on the question of added subject-matter is subjected to a comparative analysis taking into account the German and European practice.
This talk explores whether recent decisions from the Unified Patent Court indicate a growing convergence with the EPO’s established problem-solution approach. From “realistic starting points” to shifting terminology, we unpack key rulings from The Hague, Munich, and Düsseldorf—and what they reveal about the future of legal certainty and harmonization in European patent law.
This presentation explores the legal fate of national priority patents when a European patent is granted for the same invention to the same applicant, particularly in light of the Unitary Patent system introduced on 1 June 2023. Since June 2023, national approaches have diverged. Some countries now permit coexistence between national patents and Unitary Patents, while others still prohibit it. During the transitional period, the situation also depends on whether the EP patent remains classical or has been opted out of the UPC system. These legal variations raise strategic considerations for patentees, who must balance the benefits of fallback protection and local enforcement with the risks of costly parallel litigation and conflicting rulings.
This presentation analyzes the first decision of the Unified Patent Court (UPC) on a second medical use patent. This decision is part of a global patent litigation between Sanofi/Regeneron vs Amgen to secure the market of the PCSK9 biological drugs for lowering cholesterol. The decision follows an infringement action brought by Regeneron and Sanofi, respectively the proprietor and exclusive licensee of a second medical use Patent, against the Amgen which subsequently filed a counterclaim for revocation. The presentation examines the arguments of the Court to decide about the validity of Regeneron’s patent and the alleged infringement by Amgen’s Repatha® medicinal product. More specifically on infringement, the Court stated some general principles and useful guidelines to be applied when qualifying acts of infringement of a second medical use patent.