Mario Pozzi is a Partner with SIB LEX Società tra Avvocati a.r.l. He is a highly experienced patent litigator and a distinguished UPC representative. His practice primarily focuses on court proceedings involving global and pan-European patent disputes, with particular expertise in the mechanical and pharmaceutical sectors. He represents a diverse clientele, including significant Italian and international companies across various industries.
Mario has successfully represented clients in court cases related to Standard Essential Patents and breaches of know-how. Additionally, he expertly manages disputes concerning utility models, designs, trademarks, and cases of unfair competition. He has gained substantial experience in resolving out-of-court disputes and advising on complex IP negotiations.
A regular speaker at conferences on intellectual property topics, Mario also conducts seminars at the university level and contributes to specialized journals. He is an active member of LES and AIPPI and is consistently recognized as a Managing Intellectual Property IP Star.
Nearly a year has passed since the Administrative Committee’s Decision on June 26, 2023, amending the Unified Patent Court Agreement (UPCA) to move the London Section of the Central Division of the Unified Patent Court (UPC) of First Instance to Milan and to reallocate its competences between the Seat (Paris) and the two Sections of the Central Division (Munich and Milan), thereby aligning the UPCA with the consequences of Brexit. Since the Decision took effect 12 months after its adoption, the Milan Section opened its doors on June 27, 2024. Three high-level judges have been selected for the Milan Section: Mr. Andrea Postiglione, Ms. Anna-Lena Klein and Ms. Marije Knijff.
An interesting decision of the Unified Patent Court’s (UPC’s) Munich Local Division, issued on April 23, 2024 (UPC CFI No. 514/2023), confirmed that “the prerequisite for a successful application (for security/bond) would be a demonstration that the financial circumstances of the other party give rise to fears that any claim for reimbursement of costs cannot be satisfied or that, despite sufficient financial resources, enforcement of a decision on costs appears to be impossible or fraught with particular difficulties.”
On June 12 and 13, 2023, the German giant textile company, Oerlikon Textile G.M.B.H. & CO. K.G. (Oerlikon), filed two applications with the Unified Patent Court’s (UPC’s) Milan Local Division to preserve evidence against two Indian companies accused of infringing the (Italian portion) of the European patent EP214848B1, which covers a “False twist texturing machine”. The defendants, Himson Engineering Private Limited (“Himson”), and Bhagat Group, were exhibiting two machines at a trade fair, bearing the trade names Machine 2 and Machine 2-TS, along with a machine bearing the trade name, Bhagat Textile Engineers.