Agenda

Litigants are increasingly testing the interplay between UPC actions and EPO oppositions. The UPC has confirmed it will rarely stay, divergent outcomes are now openly tolerated by the Court of Appeal, and EPO oppositions are automatically accelerated when the UPC informs the EPO of a parallel action. This session examines how parties are using parallel tracks not only to defend or attack patents but to shape settlement, leverage and timing.

- Understand when the UPC will and will not stay proceedings in light of the Court of Appeal guidance in Carrier v Bitzer and Astellas v Healios. 

- Analyse the strategic implications of conflicting outcomes where the UPC and EPO maintain different amended forms of a patent. 

- Explore tactical advantages for opponents in filing both EPO oppositions and UPC revocation actions, including accelerated proceedings and increased pressure on patentees. 

- Evaluate how timing choices, such as stagged or simultaneous filings, can influence settlement leverage and long-term portfolio strategy.