Juliet Hibbert is a British and European patent attorney in Bird & Bird’s Intellectual Property group in London. She is involved with UK patent infringement actions relating to standard essential patents (SEPs), FRAND setting litigation and globally coordinated litigation, as well as SEP essentiality reviews and valuation. She is also authorized to represent clients before the UPC.
It’s been a year of significant decisions from the Unified Patent Court (UPC), from both the first instance Local Divisions (LDs) and Central Division (CD) and the Court of Appeal (CoA). Jurisdiction and, as more appellate decisions become available, the substantive law on patent validity and infringement, have come into focus. Decisions relating to enforcement also provide helpful indications for the future.
This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. As of December 9, the UPC has issued over 20 decisions on the merits, primarily involving infringement actions, and numerous decisions relating to provisional measures. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases). The Court has been effective in resolving cases within a year. Key legal principles were clarified, including claim construction and requirements for the granting of provisional measures. The UPC’s approach to added subject matter so far aligns closely with European Patent Office (EPO) practice but its approach to inventive step differs.