Unified Patent Court (UPC): A New Forum for Patent Litigation in Europe (RECORDING)
Recorded On: 02/08/2023
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The Unified Patent Court is supposed to open its doors on June 1, 2023. That means, unless opted out of the system, European patents can be enforced by litigation before this new court for multiple EPC states in one go, and European patents in force in the participating member states can become liable for revocation in a single UPC court action.
With the opening of the UPC the European Patent Office will also begin granting Unitary Patents providing patent protection in the participating member states; these Unitary Patents will be administered by the EPO and can only be litigated before the UPC, resulting in one-stop-shops for both administration and litigation.
This webinar will provide a high-level overview of the UPC system and shed some more light on the threats and opportunities of this new venue both from the perspective of industry and litigators. Discussion points include:
1. Structure of the Court and the proceedings
2. Litigation timelines
3. Strategic considerations on opting out European patents from the jurisdiction of the court also with a view on forum shopping and the UPC’s long-arm jurisdiction.
Dr. Antje Brambrink
Counsel
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Dr. Antje Brambrink is an attorney-at-law (Counsel) at Finnegan, Henderson, Farabow, Garrett & Dunner in Munich. As patent litigator Antje advises and represents clients in complex, often cross-border patent disputes. She regularly acts before all German patent courts, including infringement, inspection, compulsory license and nullity proceedings at the Federal Patent Court and the Federal Supreme Court. Her expertise covers a wide range of industries and technologies, including high-tech, renewable energies and in particular life sciences, where she benefits from her dual qualification as dentist with a Ph.D. in pharmacology.
Jakob Kellenberger
Senior Director and Associate General Counsel
Procter & Gamble
Jakob Kellenberger is a Senior Director and Associate General Counsel for Procter & Gamble in Belgium. In this position, Mr. Kellenberger is responsible for P&G’s Global Home Care- and European Fabric Care-IP. He oversees a group of Patent Professionals located in P&G’s Newcastle, Schwalbach and Brussels Innovation Centers and advises Procter & Gamble’s senior management on intellectual property issues. Mr. Kellenberger has authored numerous P&G patents and patent applications, has led a number of oppositions/appeals and hearings in the EPO, has been involved in license agreements, acquisitions and divestitures, in mediation and in IP litigation. Mr. Kellenberger holds a MSc with a focus on Molecular Biology from the Swiss Federal Institute of Technology (Eidg. Tech. Hochschule - ETH) in Zürich and a Postgraduate degree in IP law from the same school. He is a Qualified Representative before the EPO, and has over 25 years of experience in IP.
Leo Steenbeek
Principal IP Counsel
Koninklijke Philips N.V.
Leo Steenbeek (LLM, MSc) is Principal IP Counsel at Philips, and is registered as a European and Dutch patent attorney.
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