Prior Events

LESI Dispute Resolution Committee "On the road: how to finetune your strategy while driving the UPC-wagon"

Come and join the second part of the UPC litigation webinar "On the road: how to finetune your strategy while driving the UPC-wagon", organized by the LESI Dispute Resolution Committtee, taking place on 15 March 2023, 1:00pm – 2:30pm CET.

While the first part – which was a huge success with about 65 participants – was the “starting dive” into the waters of the upcoming UPC system, we will dive deeper in the second part.

We have a highly exclusive panel of speakers:

  • Cecile Teles, Head Patent Attorney at Zentiva
  • Alexander Haertel, Cluster Lead Patents at Deutsche Telekom
  • Marleen van den Horst, patent lawyer and partner at La Gro Geelkerken Advocaten

and as cherries on the top, two UPC judges:

  • Peter Tochtermann from Germany (local division Mannheim)
  • Camille Lignieres from France (local divison Paris)

The themes of the panel will be:

1. Strategies for patent owners (plaintiffs in infringement proceedings, defendants in nullity proceedings):

  • Strategically choosing the “right” local or regional division, depending on the specifics of the case
  • Using procedural “specialities” as the Saisie in order to gain knowledge about an infringement

2. Strategies for opponents of patent owners:

  • “Torpedo” possibilities?
  • How to deal best with “troll” attacks?
  • How to best argue a reduction of proceedings costs

3. Procedural topics:

  • Nullity counterclaim: will local divisions decide by themselves or bifurcate to central division?
  • Will the UPC be able to fulfil the timeline promise?

4. Injunctions:

  • In which cases no injunction despite infringement (“may” – discrection/proportionality – Ebay?, consider Arguments for/against proportionality in light of injunctions)
  • If injunction is granted: security to be imposed?
    • Higher security because of European-wide injunction?
    • Different national approaches?
  • If injunction is lifted: Bayer/Richter? (i.e., no compensation in case defendant not having acted as may generally be expected in order to avoid or mitigate his loss)

This event is free to participants.

Register here!

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