MANNHEIM LOCAL DIVISION Law and Practice Contributed by: Tobias J Hessel and Leonie Jüngels, Clifford Chance
Convergence and Divergence in Substantive Patent Law Although the UPC aims to harmonise enforce - ment, differences in substantive legal interpreta - tion are likely to emerge in the short to medium term. Issues such as claim construction, inven - tive step and indirect infringement may be treat - ed somewhat differently depending on the divi - sion or panel. This will prompt a push for early appellate clari - fication, as parties look to the UPC Court of Appeal to set guiding precedents. Over time, a gradual convergence of doctrine may be seen, but in the interim, litigation strategy will need to account for interpretive uncertainty. Digitalisation and the Use of Technology in Litigation Digital transformation is another area of evolu - tion. The UPC’s digital CMS is just the begin - ning. The authors anticipate broader integration of AI-powered tools for case analysis, document review and litigation forecasting. Remote hear - ings, virtual evidence presentation and digital authentication are likely to become more com - mon, potentially setting new expectations for procedural efficiency across all European courts. The coming years will bring more than just pro - cedural reform – they will redefine how parties assert and defend IP across Europe. The UPC is both a catalyst and a reflection of these broader changes. Success in this new landscape will depend not only on legal acumen, but also on adaptability, cross-functional alignment and strategic foresight. 6.3 The Future of National Patent Litigation Designed to centralise and streamline patent enforcement across participating EU member
their developing reputations for speed, technical depth or past rulings. Similarly, the availability of multilingual proceedings will factor into forum selection, potentially driving certain industries towards specific divisions. Shifts in Patent Portfolio Management and Litigation Readiness The rise of the unitary patent is encouraging companies to reassess how they build and defend their patent portfolios. Patent holders are expected to place greater emphasis on central - ised enforcement potential, seeking broader ter - ritorial coverage with fewer filings. Conversely, accused infringers may become more proactive in freedom-to-operate analyses, recognising that an adverse UPC ruling could have pan- European effect. Legal and IP teams are also investing more heavily in litigation preparedness, anticipating faster timelines and more complex multiparty proceedings under UPC rules. Internal alignment between legal, R&D and commercial functions is becoming increasingly critical. The Growing Importance of Interlocutory Measures In the UPC environment, interim measures such as preliminary injunctions and protective letters are gaining strategic prominence. Their avail - ability across multiple jurisdictions with a single application raises the stakes for both patentees and alleged infringers. Expect an uptick in defensive filings and early motion practice, especially in fast-moving sec - tors like consumer electronics, biotech and soft - ware. Parties will be incentivised to act swiftly, both to seize early enforcement opportunities and to shield themselves from cross-border disruption.
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