1. The UPC and the Unitary Patent Risks and Benefits an interactive discussion with Juergen Dressel Head of Global Patent Litigation Strategy Novartis Pharma AG James Horgan
Assistant Managing Counsel European Patents Merck Sharp & Dohme Corp.
Global Pharma IP Forum
London Stock Exchange
28 September 2015

2. UPC and the Unitary Patent
Risks and benefits of allowing patents to be under the jurisdiction of the UPC versus opting out
Major issues
Business sector (e.g., telecoms, pharma)
Pros and cons of being in the system from the start or staying with the system we know for dispute resolution
Practicalities of opt out: timescale, fee payment, portfolio records

3. UPC and the Unitary Patent
Major issues continued
Getting preliminary injunctions: legal standard, evidence, timescale to start action and get injunction, clearing the way
Duration of cases
What type of evidence will be needed and what cases will this favour?
Comparative litigation and court costs for big, medium and small patentees
Forum shopping
Bifurcation

4. UPC and the Unitary Patent
Major issues continued
Benefits and drawbacks of unitary patents, e.g. value for money with IT joining
Representation rights
Unitary SPCs EFPIA/ECPA/IFAH-Europe proposal