Lesson 4: The UPC will not apply the Problem-Solution-Approach as developed by the EPOThis is now abundantly clear. In November 2025, the first and the second panel of the CoA have agreed on a common…
It has been a while since I last commented on the case law of the Unified Patent Court (UPC) on validity. To be precise, it was on 22 July 2024 in a blog titled “First Lessons on Validity before the…
When the Unified Patent Court opened its doors on 1 June 2023, Europe’s patent community held its breath. Most commentators described what had just begun — the first filings, the first injunctions,…
Two years in, the UPC evokes less the exhilaration of a debut concert than the strange lethargy of Rammstein’s Keine Lust. In the iconic music video, the band arrives in full regalia, ready to play…
A long time ago, in a Europe not so far away, the UPC was launched with the ambition of restoring Order to the galaxy of European patent litigation. Fragmentation was to be defeated, procedural unity…
In episode 7 of season 4 of “Silicon Valley”, very aptly named “The Patent Troll”, the start-up Pied Piper, which is built on a bold and disruptive vision, suddenly finds itself under threat. A man…
Following previous explorations of the UPC's architecture (Legal Inception), the interpretive tensions inherited from national traditions (Legal Westworld), and the volatility of procedural standards…
In 1935, physicist Erwin Schrödinger proposed a now-famous thought experiment: a cat, sealed inside a box with a quantum trigger, remains both alive and dead until an observer opens the box to…
As most IP practitioners will be aware, on 25 February 2025 the Court of Justice of the European Union handed down its ruling in BSH v Electrolux (C-339/22). In summary, the CJEU concluded that it is…
