Fourth UPC User Forum

The Munich IP Dispute Resolution Forum invites you to the fourth edition of the UPC User Forum on 16 December 2026 at the DPMAforum in Munich. Continuing the established format under Chatham House Rules, this half-day workshop brings together UPC judges and practitioners to exchange practical experiences and address unresolved procedural and substantive questions. The event begins with a light lunch at noon, followed by two interactive panel sessions with Q&A, and concludes with a networking reception from 17:30.

Shaping the Agenda: Call for Questions & Topic Suggestions - The final agenda and concrete discussion topics will be shaped directly by your feedback, questions, and practical experiences. To provide inspiration for your input, we have compiled an initial pre-selection of pressing procedural and substantive issues:

1. Procedural Management & Written Proceedings Court Communication & Case Management: Formal and informal communication channels (CMS vs. email practice with registries and panels). Scope and Volume of Briefs: Page limits, managing voluminous submissions, front-loading, and handling unsolicited post-briefing submissions. The Interim Conference: Defining its actual function, scope, and expectations – what it is, and what it is not. The Oral Hearing: Standard practices, presentations/slides, format, and judicial expectations. Use of Pleading Notes: Status, admissibility, and practical handling of written speaking notes provided to the panel. Appeals & Jurisdiction: Scope of review, long-arm jurisdiction, reach-back damages, and global FRAND determination competencies.

2. Preliminary Injunctions & Evidence Gathering PI Proceedings: Procedural structure and timelines of written phases in urgent provisional measures. Access to Evidence: Obtaining evidence from the opposing party or third parties under Rules 190 and 191 RoP. Preservation of Evidence: Practical application of inspection orders and saisie-contrefaçon.

3. Substantive Patent Law & Validity Infringement: Developing tests and cross-division consistency for patent infringement by equivalence. Substantive Validity Standards: Added matter, inventive step assessments, and substantiating public prior use. Conditional Counterclaims: Tactical handling and procedural consequences of conditional counterclaims for revocation. Role of Experts: Weight and relevance of party-appointed experts.

4. Interaction, Alignment & Harmonization Coordination across Venues: Interplay between Local Divisions, Central Divisions, and parallel EPO opposition proceedings (e.g., stays of proceedings, bifurcated tracks). Substantive Alignment with the EPO: Convergence or divergence in inventive step and original disclosure standards. Cross-Border Landscape: Interplay with national courts and the emerging role of referrals to the CJEU.