IP Insights: The composition of Divisions at the UPC

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Stefan, today we want to talk about the judges at the UPC divisions, in particular our expectations for the German local divisions. But let’s start on a higher level. I think we agree that the German local divisions will become very important venues for UPC actions. Why do you think that is?

One main reason is that due to the high number of patent cases in Germany in the past, all panels at the four local divisions in Germany consist of two legally qualified judges from Germany and one legally qualified judge from a foreign UPC member state. This should increase the predictability compared to divisions of the UPC with a majority of foreign judges.

For example, the Munich local division might become the go-to venue for preliminary injunctions at the UPC, considering that - in the past – the Munich judges were more willing to grant preliminary injunctions for patent infringement than other German courts.

And Munich could also become a preferred venue for SEP cases, as the Munich judges have attracted a lot of SEP plaintiffs in the past due to their approach to the FRAND objection.

This might also apply to the Mannheim local division, as the Mannheim judges applied the FRAND objection similarly to the Munich judges. So, Mannheim could also become an attractive venue for SEP cases. What about Hamburg and Düsseldorf?

I think Hamburg could become a preferred venue for pharma and biotech cases, because one of the judges has a chemical background and is very experienced in these fields. And Düsseldorf as the hot spot for patent litigation in Europe over the last few years has traditionally been a very preferred venue for SMEs, which could very well continue at the UPC.

Of course, so much can change over time, particularly since the case law will likely be harmonized through decisions by the court of appeal. But I really think that the German local divisions are set up very well for the start of the UPC.

Absolutely, and I think we are looking forward to our first cases there.