Patent Litigation in Europe: Preliminary injunctions in the era of the UPC

This advanced lecture series is dedicated to examining current topics in patent litigation in Europe, including the launch of the UPC and the emergence of new European patent jurisprudence. The series feeds the content of and leads up to the annual Litigation Matters conference. Participants can attend each session separately or the entire series. It is organised by the EPO in co-operation with the European Patent Lawyers Association (EPLAW) and the European Patent Litigators Association (EPLIT) 

This first lecture, entitled “Preliminary injunctions in the era of the UPC” is held by Koen Bijvank and will be followed by a Q&A session. Koen will discuss the practice of the UPC and to contrast that with national practices, also the requirements for preliminary injunctions and the standards by which they are assessed. 

The lecture will also include the requisite and degree of satisfaction the court requires  that the patent is (a) infringed and (b) valid? What other considerations apply? Is there an urgency requirement and, if so, when is it met? Under what circumstances may a preliminary injunction be granted on an ex parte basis and how effective can a protective letter be to prevent such ex parte injunctions? Can (the enforcement of) an injunction be subject to security for damages and/or costs? 

Check the upcoming lectures you can register for:

1.  Opposition at the EPO or request for revocation at the UPC. The pros and cons on 15.05.2024. Register here.
2.  (Un) resolved procedural issues in the UPC on 03.07.2024. Register here