Forum Selection Within the UPC: Choosing Your Division

18 Jan 2027
UPC Strategy & Case Law

Three years in, outcomes from the UPC's local and regional divisions continue to differ greatly. Munich, Düsseldorf and Mannheim dominate the caseload, the Nordic-Baltic and Milan divisions are pulling in their share of work, and the divisions are diverging in the cases they see and court decisions on issues from claim construction to doctrine of equivalents to PI practice. This session looks at the benefits and risks of different divisions for both patentees and defendants. 

 

- For patentees: compare the active divisions on speed, panel composition, language, willingness to grant ex-parte and pan-UPC PIs. 

- Identify which venues are most often successful based on the desired outcome and industry.  

- For defendants: identify which divisions create the biggest exposure on claim construction and doctrine of equivalents, and where the risk of a fast, broad injunction is highest. 

- Understand which divisions allow the greatest leverage to react defensively, including declaratory non-infringement actions, revocation counterclaims and central division filings. 

Speakers
Jan Phillip Rektorschek
Jan Phillip Rektorschek, Partner - PENTARC