Patent litigation in Europe - Amendments to patent claims before the UPC – aspects of substantive and procedural law
This advanced lecture series is dedicated to examining current topics in patent litigation in Europe, including UPC litigation 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).
“Amendments to patent claims before the UPC – aspects of substantive and procedural law,” will be held by Dr. Florian Henke and Philipp Rastemborski, LL.M. (Edinburgh). Recent case law provides hints as to how the UPC will assess the admissibility of amendments to patent claims under substantive law (Art. 123(2) EPC). One focus will be on the “intermediate generalization” known from the practice of the EPO. Relevant procedural aspects of the defense of the patent in amended form in revocation proceedings will also be discussed.
Organised by
European Patent Academy
European Patent Lawyers Association (EPLAW)
European Patent Litigators Association (EPLIT)
Organised by
European Patent Academy
European Patent Lawyers Association (EPLAW)
European Patent Litigators Association (EPLIT)
Registration deadline
Speakers
Florian Henke- German and European Patent Attorney, UPC Representative
Florian studied mechanical engineering at the Technical University of Munich and received his doctorate in the field of Computational Fluid Dynamics.
As a patent attorney, Florian strategically advises clients in patent prosecution from drafting of the application up to grant and provides expert opinions on the validity, infringement and circumvention of patents. He has extensive experience in complex opposition proceedings, cancellation proceedings against German utility models and nullity proceedings before the GPTO, EPO and the Federal Patent Court, often with parallel infringement proceedings and in coordination with international colleagues and technical experts. Florian has practical experience in litigation before the UPC, both in infringement and revocation proceedings.
He mostly works in the technical fields of mechanical and control engineering, medical technology, information technology and applications of computer simulations.
Philipp Rastemborski- Certified Intellectual Property Attorney , UPC Representative
Philipp Rastemborski specialises in national and cross-border patent litigation and parallel validity proceedings.
Philipp represents clients in complex infringement and nullity proceedings, in the enforcement of standard-essential patents and all related antitrust issues. In addition, Philipp advises on utility model and design law, on the protection of intellectual property under competition law, on the protection of trade secrets. Philipp also has experience in IP-related arbitration proceedings and the drafting of licensing programmes, in the context of research and development cooperations. Philipp regularly publishes on the current topics of patent law and antitrust law. Managing IP ranks Philipp as “Patent Star 2024”. IAM Patent 1000 (2024) and Leaders League (2024) recommend Philipp Rastemborski for patent litigation.
Philipp’s specialist industries are electrical engineering, information technology, telecommunications, chip technology, battery technology, medical technology, and life sciences.
Philipp studied law at Freie Univerisität Berlin. He received a master’s degree of the University of Edinburgh (LL.M. in European Law), graduating with a thesis on the "essential facility doctrine" under Art. 102 TFEU. During his clerkship at the Berlin Court of Appeal (Kammergericht) he worked at the German Embassy in Bangkok.