Thomas Adam (@UPCtracker) header
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Patent litigation aficionado, news on the Unified Patent Court from Munich to the world, opinions are my own. RT not (necessarily) endorsement.

Joined January 2017
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UPC: DE Constitutional complaints on merits denied: ”Constitutional complaints are not successful for the reasons stated in the order of June 23, 2021”. As expected, since PIs denied at the time due to inadmissibility of complaint on the merits. bundesverfassungsgericht.de/…
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#UPC „According to the current planning, the appointment of the judges will take place before the summer break.“
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European Patent Litigation Certificates obtained in the UK “completed or granted until 31 December 2020” will allow UK qualified European Patent attorneys to represent clients before UPC (Rule 12, Dec of Admin Counsel of 2022/2/22, AC/06/22022022_rev_E). Materials: /2
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On London branch of #UPC Central Division: “It is clear that the UPC will not have a presence in the [UK]. Therefore, there will be no section of the central division in London. The Signatory States of the [UPCA] will discuss &decide where to reallocate /2 patentblog.kluweriplaw.com/2…
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this division. However, the entry into force of the [UPCA] & the start of operation of the Court is not subject to the finalisation of these negotiations. Should they not be concluded, the existing seats and sections […] (in Paris and Munich, ed.) will temporarily deal /3
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with all the central division cases.”
#UPC “There has been no signing of a declaration. The State Parties to the Protocol agree with the Depository that the entry into force clause of the Protocol is to be interpreted in a way that the ratification of the [UK] is no longer required./2The patentblog.kluweriplaw.com/2…
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State Parties are currently considering how to formulate this.”
Alexander Ramsay #UPC: „We don’t think that the London question will delay the start of the UPC. The UPC clearly will have no presence in the UK & the reference to London is obsolete. Existing seats of the central division can deal with the cases until /2 juve-patent.com/news-and-sto…
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Prof Meier-Beck, formerly presiding judge of German FCJ: „ Speaking of the UPC, would you have liked to become a UPC judge? - Yes, I would have loved to work with my European colleagues on common rules for the court. But now the court is simply too late/2 juve-patent.com/news-and-sto…
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for me for personal reasons. What qualities do you think a good UPC judge should have? - They should, of course, bring some experience from their national infringement or national or European validity proceedings. But above all, judges need to be open-minded. /3
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They must not stick to national legal traditions. They have to find out what suits the European level as a whole.“
That is one take:
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“According to a report of the UPC Preparatory Committee, the Declaration is ‘in line with public international law’, but it doesn’t elaborate. That is very unfortunate.”
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Report of the Preparatory Committee meeting held on 27/10/2021 #UPC: „The Chairman presented a draft Declaration on the authentic interpretation of Art. 3 of the PAP-Protocol, following the United Kingdom’s withdrawal from the Unitary Patent System. /2 unified-patent-court.org/new…
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Interesting. Art. 3(1) PPA reads: “This Protocol shall enter into force the day after 13 Signatory States of the Agreement on a Unified Patent Court including Germany, France and the United Kingdom, have either ratified, or […] the Agreement on a Unified Patent Court and […]”/5
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Is this to be understood that “including the UK” will be authoritatively “interpreted” to mean “or any other participating member state”? Or will it be considered sufficient UK once signed up (but formally withdrew consent)? Genuinely curious.
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