Two years after the Unified Patent Court (UPC) officially opened its doors on June 1, 2023, a detailed analysis by IP law firm Grünecker explains how the Court is rapidly reshaping the European patent litigation landscape. With over 800 proceedings filed since its inception, the UPC has not only established itself quickly — it has been extraordinarily well received, far exceeding initial expectations in terms of demand, efficiency, and judicial quality.
To mark this milestone, Grünecker has published an in-depth report examining the full range of UPC activity from launch to April 2025. The report, attached, is based on a systematic analysis of case data and offers rare insights into litigation trends, court performance, and strategic legal developments in patent disputes.
Key findings:
- High demand: More than 300 infringement cases, most involving a counterclaim for invalidity, and a further 60+ standalone revocation actions signal strong user confidence in the UPC as an efficient forum for high-stakes patent disputes.
- Extraordinary qualification of UPC judges: Judgments are often rendered within 15 months, making the UPC a true “rocket docket”.
- Germany as key venue: German local divisions, especially Munich and Düsseldorf, account for 76% of all infringement filings.
Legal trends and outlook:
Grünecker’s report highlights several early trends that are shaping the UPC’s jurisprudence. Among them is the Court’s evolving approach to FRAND and standard-essential patent (SEP) litigation. Landmark cases such as Panasonic v. Oppo and Netgear v. Huawei reveal that the UPC places significant weight on negotiation conduct, transparency, and procedural consistency in assessing FRAND defenses.
In the area of claim construction, the UPC is aligning closely with the European Patent Office’s interpretive standards, emphasizing a contextual reading of claims based on the description and drawings. The UPC has also proven to be a responsive and effective venue for urgent matters. More than 60 requests for preliminary injunctions have already been filed, and the Court has demonstrated a pragmatic and proportional approach to interim relief. Its openness to cross-border enforcement and the growing use of English further enhance its accessibility for international litigants.
The full report can be accessed here: “Two Years of the UPC – A New Era in European Patent Litigation”