Hoffmann Eitle will be offering four webinars providing four case studies covering the main practice areas of patent litigation, in which the advantages, risks, and strategic tweaks of the new system will be highlighted.
The four sessions will include the following:
Session 1: A New Era of Pharma Litigation? -- Preliminary Injunction Proceedings National vs. UPC -- May 5, 2022 or May 6, 2022
• Filing of PI requests - advantages, challenges and legal uncertainty under the UPC system
• Strategic forum shopping and scope of injunctions
• Impact of the couleur locale - and how to strategically use it
• Possible counter attacks by the generic applicant
Session 2: Inspection and Evidence Proceedings/Double Protection and the Strategic Implications under the UPC System -- May 17, 2022 or May 18, 2022
• Practical case example to assess the full spectrum of evidence tools
• Inspection procedure before the UPC compared to national procedures
• Strategies on clearing the market / counter attacks after being served with infringement lawsuit
• Outline of new German rules on double patent protection with practical case examples
Session 3: The UPC Approach to Damages Actions and Compensation Claims -- June 28, 2022 or June 30, 2022
• The UPC vs. national rules on Burden of Proof
• The use of experts
• Claiming damages under different types of claims, e.g., second medical use claims
• The calculation of damages under the UPC vs. the national procedure
Session 4: The new regime on the revocation of European patents/ The “long-arm jurisdiction” of the UPC -- July 8, 2022
• An in-depth look on the procedural requirements of the UPC revocation proceedings
• Strategic implications of parallel UPC revocation and EPO opposition proceedings
• Advantages of EPO oppositions / national invalidity proceedings / UPC revocation proceedings
• Considerations for opting-out
• The “long-arm jurisdiction” of the UPC regarding infringement outside UPC territory
Those interested in attending any of the sessions can register here.
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