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Pan-European Strategy: Coordinating UPC and National Court Litigation
The UPC has not killed national court litigation; it has weaponised it. Parties are running parallel UPC, German national, UK and Spanish proceedings to extract every advantage the courts will give them. This session looks at how to coordinate across forums for consistent outcomes, settlement leverage and tactical pressure.
- Decide when to stick to national courts (German bifurcated proceedings, UK rate-setting, Spanish Madrid) and when to centralise at the UPC.
- Manage parallel proceedings across the UPC and non-UPC EPC states, including Switzerland, the UK, Poland and Spain.
- Use settlement leverage created by UPC injunctions that reach beyond contracting member states.
- Anticipate torpedo-style filings in non-UPC jurisdictions and the strategic use of declaratory non-infringement actions.
