1. Dispute resolution in the nordic countries
The choice of regional and local courts respectively in the light of the Unified Patent Court – future outlook
Nicolai Lindgreen (Kromann Reumert) - Denmark

2. Why are we here? Article 83(1) UPCA:
”During a transitional period of seven years after the date of entry into force of this Agreement, an action for infringement or for revocation of a European patent or an action for infringement or for revocation of a supplementary protection certificate issued for a product protected by a European patent may still be brought before national courts or other competent national authorities.”

3. national courts or upc? Choice only relevant for classic EPs
Unitary patents must be litigated at UPC
National patents cannot be litigated at UPC
Only for classic EPs is there a choice during the transitory period (7 years)

4. national courts or upc – enforcement of classic EP
Patentee’s choice of venue in case of
Infringement action (merits)
PI action, including ex parte PI

5. national courts or upc – enforcement of classic EP
Patentee’s choice - Advantages of UPC
Multinational injunction in multinational cases
Speed to judgment (not so important if PI is available in key jurisdiction(s))
Injunction gap
Ex parte PI available
Lower cost?
Legal certainty(?)
One instance of national enforcement will ban opted-out patent from opt-in
Counterclaim for infringement costly for ”infringer” (court fees)
Ample opportunity for forum shopping

6. national courts or upc – enforcement of classic EP
Patentee’s choice – Disadvantages of UPC
Higher cost?
Languages/translation
Representation
Single-jurisdiction enforcement does not necessitate transnational proceedings
Risk of UPC-global revocation (all eggs in one basket)
Risk of UPC-global finding of non-infringement (all eggs in one basket)
Unclear requirements for PI – wide discretion for UPC (legal uncertainty)
Cultural issues
Front-loading of costs
Risk of insufficient time to defend patent against revocation counterclaim

7. national courts or upc - defence against classic EP
”Infringer’s” choice of venue in case of
Revocation action
Negative declaratory suit

8. national courts or upc - defence against classic EP
”Infringer’s” choice - Advantages of UPC
Potential for lower costs in UPC-global revocation action
Potential for UPC-global finding of non-infringement (all eggs in one basket)
Potential for UPC-global revocation (all eggs in one basket)
Potential cost savings in negative declaratory suit

9. national courts or upc - defence against classic EP
”Infringer’s” choice - Disadvantages of UPC
Front-loading of costs
Front-loading of work (all invalidity arguments must be brought at once)
Single-jurisdiction infringement risk does not necessitate UPC-global revocation
Possibility of filing protective letter to avoid ex parte PI

10. Common concerns Costs Language Timing Court fees Representation
Unpredictability of procedures
Only 13 UPC signatories ratified so far (not truly pan-European)

11. What will they do?