As we anticipate the main hearing set for the end of June, in this blog we would like to report on one of the first interim hearings at the Unified Patent Court (UPC), sharing our firsthand experiences and observations.
Key Observations from the Interim Hearing
Unlike hearings in German infringement and validity cases, where substantive issues are often explored in depth, the interim hearing at the UPC was characterized by discussions on more procedural and formal aspects, with the core disputes of the case barely touched upon. As expected, the substantive issues remain reserved for the (final) oral hearing at the UPC. However, formal issues such as late submissions and formal inquiries were tabled for discussion.
It was made clear that substantial discussions are reserved for the main hearing. This phased approach underscores the UPC's strategy of managing procedural formalities ahead of substantive engagements.
The presence of not just the judge-rapporteur but an additional judge hints at a collective representation of the panel. However, their stance remained largely exploratory, emphasizing a pragmatic approach to unresolved legal questions and affirming the parties' right to a fair hearing amid prevailing uncertainties.
Our takeaways