UPC Judge Michael Fleuchaus and Dr. Benjamin Grau on Europe’s New Unified Patent Court
In this special two-part episode of Clause 8, Eli delves into the creation, implementation, and strategic importance of Europe’s new Unified Patent Court (UPC) with UPC Judge Michael Fleuchaus and Dr. Benjamin Grau.
The first part of the show highlights Judge Fleuchaus’ experience as a newly appointed technical qualified judge at the UPC. Judge Fleuchaus discusses the motivations behind the UPC’s establishment and overarching goal to streamline patent litigation across the European Union. He also discusses his role as a technical judge working alongside experienced legally qualified judges and shares the perspective they bring to handling cases together at the UPC. This segment provides priceless insights about how UPC proceedings differ from patent litigation within and outside of Europe and how litigants can maximize their chances of success at the UPC.
In the latter part of the episode, Dr. Grau provides a distinct viewpoint as a European patent attorney closely observing the UPC. Dr. Grau casts light on the myths and practicalities surrounding opting in or out of the UPC and gives valuable advice on how to leverage the UPC to obtain the best possible patent protection in Europe. Dr. Grau’s perspective is crucial for those interested in understanding the strategic considerations that come into play with the UPC’s inception.
Highlights
Conversation with Judge Fleuchaus:
0:09:17 Dynamics between technically qualified and legally qualified judges on the UPC
0:15:21 Role of settlements and alternative dispute resolution at the UPC
0:22:07 Advice for effective litigation at the UPC: don’t delay
0:28:04 UPC’s potential as the go-to court for patent litigation
0:28:44 On how UPC Judges are making decisions and ensuring harmony
Conversation with Dr. Grau
0:33:26 Challenges during the initial six months of the UPC
0:34:46 Opt-out option for European patents & surprising low number of patents opting back into the UPC system
0:39:01 Demonstrated effectiveness and efficiency of the UPC
0:49:17 Impact of different prior art rules on patent litigation strategy
0:55:05 Prospects of other countries joining the UPC system
Eli Mazour
Eli Mazour is a Partner with Harrity & Harrity LLP in Fairfax, Virginia, where he leads the firm’s patent prosecution team. Eli’s practice focuses on helping large technology companies build […see more]
