First UPC User Forum:

The UPC now being operational and entrusted with high profile cases across various industries, it is high time to establish a new format for an exchange of experiences and best practices between the UPC judges and UPC users. As part of our event, we are offering a unique opportunity for you to engage directly with our panelists and gain deeper insights into the procedural workings of the UPC.
To ensure a structured and informative discussion, we kindly request that you submit your questions in advance. This will allow our panelists to prepare and provide comprehensive answers tailored to your inquiries. Please direct your questions, categorized under one of the following topics, to

1. Material Law (UPC Patent Law, Antitrust Law / FRAND)
2. Procedural Law (UPCA, Rules of Procedure, Brussels Regulation)
3. Case Management Issues (CMS, deadlines, hearings, stay, experts, etc.)
4. Evidence Collection & Enforcement

To ensure all questions are addressed, please submit your inquiries by September 27, 2023.
All discussions will take place under the “Chatham House Rule”.

Some tentative topics for discussion:

Material Law (UPC Patent Law, Antitrust Law / FRAND):
Does the “Formstein Defense” (prior art defense) only apply – if at all – to equivalent infringement, or also to literal infringement? 
FRAND defense: Is the UPC adopting the German focus on the “willingness” of the parties, or is the material FRAND-ness of the licensing offer/counteroffer more relevant?

Procedural Law (UPCA, Rules of Procedure, Brussels Regulation):
Does the UPC have jurisdiction to rule on damages occurring in Spain or Poland (“long-arm jurisdiction” under Art. 71b para. 3 Brussels Regulation)?
Preliminary injunctions: Is there a sui generis standard for urgency under the UPCA?

Case Management Issues (CMS, deadlines, hearings, stay, experts etc.):
To stay or not to stay: is the local division handling the invalidity counterclaim? Can the parties influence this decision, and if so, how?
Is plaintiff expected to submit a private expert opinion on all or some technical aspects together with the complaint? 

Evidence Collection & Enforcement (including Arbitration Awards, Settlement Agreement, Saisie): What is the burden of proof for the applicant? Best practice and first experiences? Can arbitration awards or settlements become enforceable akin to a final Court decision even if reached outside Court/PMAC proceedings? 


– András Cupecz (LQJ)
– Christoph Schober (TQJ)
– Edger Brinkman (LQJ)
– Kai Härmand (LQJ)
– Matthias Zigann (LQJ)
– Maximilian Haedicke (LQJ)
– Michael Alt (TQJ)
– Patricia Rombach (LQJ)
– Petri Rinkinen (LQJ)
– Ronny Thomas (LQJ)
– Rute Lopez (LQJ)
– Sam Granata (LQJ)
– Tobias Pichlmaier (LQJ)
– Walter Schober (LQJ)

Ralph Nack

09:00 – 09:30: Registration & Coffee

09:30 – 10:45: Material Law (UPC Patent Law, Antitrust Law / FRAND)
10:45 – 11:15: Coffee
11:15 – 12:30 Procedural Law (UPCA, Rules of Procedure, Brussels Regulation)
12:30 – 13:30 Lunch
13:30 – 14:45 Case Management
14:45 – 15:15 Coffee
15:15- 16:30 Evidence Collection

16:30 Get-together