Article, 2025

Navigating ex parte remedies at the Unified Patent Court

Summary

Article written with Victoria Bentley and Natasha Rao on the remedies that the Unified Patent Court grants without hearing the other party. It covers orders to preserve evidence and inspect premises under Rules 192 et seq. of the Rules of Procedure, inspired by the French and Belgian saisie-contrefaçon, and ex parte preliminary injunctions under Rule 211, with the requirements of urgency, plausibility and security. It explains why potential defendants should file protective letters, including for patents opted out of the UPC. It also discusses recent ex parte anti-interim-licence and anti-anti-suit injunctions, such as InterDigital v Amazon and Huawei v Netgear, which show the court’s readiness to protect its jurisdiction, and gives practical advice to patentees and defendants.

Reference

H. Haouideg, V. Bentley and N. Rao, "Navigating ex parte remedies at the Unified Patent Court", IAM, special report on the UPC, 2025.

Related expertise

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