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Pre-Litigation Strategy at the UPC: Building the Case Before the Filing
The UPC's one-year-to-trial timeline requires fast turnaround times that push even the most well-resourced teams. By the time a complaint is filed, the case has already been built; by the time the defence is filed, the defendant is already on the back foot. This session looks at what patent owners and likely defendants should be doing in the six to twelve months before any UPC filing.
- Plan evidence gathering and saisie-style inspections in process-heavy industries where infringement cannot be seen in the end product.
- Consider the use of confidentiality clubs and Rule 262A requests to protect trade secrets and licence terms before disclosure becomes inevitable.
- Coordinate cease-and-desist correspondence so that it supports rather than undermines a later PI application.
- Build internal technical teams under the grandfather clause for European patent attorneys and decide what work to keep in-house versus outsource.
