Webinar on Patent litigation in UK: specifics for national proceedings and a future prospect in light of the UPC

Venue

Online

Description

With the start of the UPC patentees will have the choice to litigate their European patents either before the UPC or before a national court. In this series of webinars, the specifics of patent litigation before the national courts will be considered per country. In each webinar a specialist in the area of national and international litigation will highlight what procedural and substantial issues are specific for that country’s court proceedings and these will be put into relation with the proceedings that will be possible before the UPC. In that way a better choice can be made to either use the national court procedures or the UPC.

Even though the UK was heavily involved in setting up the UPC, the UK is not part of the UPC as a result of Brexit. Accordingly, if patentees wish to enforce their European patents in the UK, they will need to take a separate action in the UK. There are two forums in which UK patent holders can take action: the Intellectual Property Enterprise Court (IPEC) and the main High Court. The rules of procedure before IPEC are streamlined with much shorter trials and financial limits to damages (£500k) and legal costs (£60k). Thus IPEC has proved a popular choice for patentees, particularly small companies and individuals and issues around 20-25 decisions a year with many more cases reaching a settlement before full trial. During the webinar, Richard Davis will, supported by Julia Gwilt, compare the UK forums and the UPC to highlight the benefits of the different routes.

Richard Davis has over 20 years’ experience litigating before the English Patent Court as well as oppositions and appeals before the EPO and is equally familiar with both jurisdictions. Before commencing practice at the Bar, Richard qualified as a European Patent Attorney and this dual qualification has resulted in him appearing frequently before the European Patent Office and giving him representation rights before the UPC. He was appointed King’s Counsel (silk) in 2023. Richard’s practice encompasses a diverse range of technologies. He has particular expertise in the electronics / telecommunications sector having advised many of the major players in the field such as LG Electronics, Samsung, Nokia, Motorola and Symbian. Although by training an electrical engineer, he is active in the pharmaceutical sector and acted for the Secretary of State for Health in the ground breaking second medical indication litigation concerning pregabalin. Richard lectures and tutors regularly on IPRs to patent and trade mark attorneys and solicitors. He has been a visiting lecturer of CEIPI on the European patent litigation diploma.

Speaker

• Richard Davis

Target group

Level of expertise
Intermediate level

Medium
Online training

Technical requirements
In order to attend the on-line course participants need a computer with an internet browser and a high-speed broadband internet connection. For the webinar, epi uses Zoom. Security settings on local Firewalls need to be checked. In order to make full use of the webinar session, we recommend to use headsets.

To access to the webinar epi sends out a link and the guidelines for participants shortly before the webinar.

 Application and use of personal data

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Please note our "private policy" regarding the processing of your personal data.

Working language

• English

Contact

For further information, please contact Noreen Osterlehner ([email protected]).

Minimum number of participants

50*
*If the minimum number of participants was not reached by the registration deadline, the event will be cancelled. In this case the epi will inform you immediately.

Registration deadline

Registration is open until 23.04.2024 The order of receipt by epi will determine the attendance in case of over-subscription.