The Year in Review: Court of Appeal Decisions That Reshaped UPC Practice

18 Jan 2027
UPC Keynotes

2026 was the year the Court of Appeal's substantive jurisprudence took shape. From inventive step to doctrine of equivalents, from claim construction to costs, the appeals are giving the first-instance divisions the framework they need. This session pulls the most important rulings of the year together and identifies the open questions heading into 2027. 

 

- Apply the new inventive step framework from Amgen v Sanofi/Regeneron and Edwards v Meril, including the realistic-starting-point test and the rejection of feature isolation. 

- Work through the key claim construction rulings, including the Court of Appeal's confirmation that interpretation is a matter of law and not for experts. 

- Track the cost decisions that are setting recoverable cost expectations. 

- Identify the issues most likely to reach the Court of Appeal in 2027, including damages, doctrine of equivalents and the boundaries of long-arm jurisdiction. 

Speakers
Ewan Nettleton
Ewan Nettleton, Principal IP Counsel, Oncology Litigation - Novartis
Matthew Naylor
Matthew Naylor, Partner - Mewburn Ellis