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Dear Reader,
The Unified Patent Court is undeniably thriving – with over 1,100 first-instance cases filed since its launch and numbers still climbing. But success, as so often, brings its own headaches. The hottest debate in the European patent community right now is not about claim construction or inventive step, but about geography: why do the vast majority of UPC cases end up at German divisions?
The discussion has reached institutional level. The UPC's Advisory Committee has called on stakeholders to propose solutions, prompting Bardehle Pagenberg to fire off an open letter defending claimants' freedom of forum choice while opposing top-down redistribution measures. In an exclusive Interview with JUVE Patent UPC President Klaus Grabinski himself acknowledges the imbalance, conceding he would "like to see a more balanced distribution of cases" – yet stressing that, short of amending the UPC Agreement, the court's options are limited. As our analysis shows, the system is slowly self-correcting: The Hague is attracting more filings, non-German judges are increasingly serving as rapporteurs, and the court has appointed a wave of new judges from across Europe – 35 of its 53 legally qualified judges are now non-German. But Grabinski also stresses that it is always the claimant’s choice where to file cases.
Meanwhile, the UPC Court of Appeal has flexed its muscles by upholding a preliminary injunction against Sinocare and Menarini in Abbott's glucose monitoring dispute, reinforcing The Hague local division's growing reputation for medical device cases. On the pharma front, Sandoz has scored a significant win as Bayer and Regeneron withdrew their PI application over the blockbuster drug Eylea at the Higher Regional Court Munich, following a string of settlements with other generics companies.
One thing is clear: the UPC's next chapter will be defined not just by legal substance, but by whether it can become a genuinely pan-European court – in perception as much as in law.
We wish you a Happy Easter!
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News & Stories
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Interview
Klaus Grabinski: “Economic logic suggests the UPC will continue to grow”
1.130 cases in first instance and 321 appeals cases since its start in 2023. The Unified Patent Court has clearly come of age. Time for an interview with Klaus Grabinski. In an in-depth talk with JUVE Patent, the UPC President talks about long-arm jurisdiction, the relationship with UK patent judges, the hotly debated distribution of cases and the need for the UPC to grow.
1 April 2026 by Mathieu Klos and Konstanze Richter
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