We understand the importance of European patent coordination: whether asserting patent rights on an international level or facing a threat across multiple jurisdictions, a coherent and carefully coordinated international strategy is essential. Powell Gilbert is frequently called upon to design and implement strategies for complex patent disputes, both across Europe and around the world.
We can help you to assemble and co-ordinate a team of specialist advisors across all key locations. We sit at the centre of a network of renowned law firms and advisers who specialise in IP. Leading or working alongside other firms, we are able to draw upon the most relevant expertise to assist with issues worldwide. Our style of working with advisers across Europe is collaborative, rather than top-down.
From our deep understanding of the cultural, legal and procedural differences of the significant patent jurisdictions, we can put together and execute a strategy which leverages the advantages of each jurisdiction to achieve the best overall outcome. For example, this may involve using an evidence-gathering procedure of one jurisdiction to feed into another, or could take advantage of a favourable judicial attitude in one court to obtain a first persuasive judgment. In each case, we aim to produce a strategy which is focussed on achieving our clients’ commercial objectives.
Our role is always tailored to the particular requirements of the matter and the needs of the client. Some clients want us to take the reins, whereas others prefer to be involved closely at all stages. However, the common theme for all coordination exercises is to select the best possible local counsel for the job, then to know when and how best to assist them – and when to defer to their knowledge and better judgement of the local system. Through using document sharing platforms and having a comprehensive oversight of the parallel proceedings, we ensure a cohesive and thorough approach to coordination.
Established as a single patent jurisdiction across a significant proportion of the European market, the Unified Patent Court (UPC) presents opportunities for the efficient enforcement and opposition of European patent rights.
With a proven record of top-tier patent litigation experience in the UK and Germany, as well as a pre-eminent reputation for advising and coordinating the most complex and high-stakes multi-jurisdictional patent litigation in the European market, Powell Gilbert is perfectly placed to represent clients in litigation in the UPC. We act for clients across the various Local, Regional, and Central Divisions of the UPC, including all of the German Local Divisions, bringing to bear a wealth of patent litigation experience and access to a deep bench of technically and scientifically qualified lawyers. All of our partners are registered as UPC representatives. With our team of highly experienced and technically-astute lawyers, we have the strength in depth to respond to the aggressive deadlines involved in UPC cases.
The UPC has multiple divisions and was developed as a compromise of various European national laws and procedures. We have been active in representing clients in the UPC since it opened its doors in June 2023. We won Juve’s inaugural UPC Firm of the Year Award 2025, recognising our broad range of experience across nearly all of the Local Divisions, the Nordic-Baltic Regional Division, the Central Divisions and the Court of Appeal. Members of our team advise on procedural strategies, prepare written submissions and also act as oral advocates at hearings.
As anticipated, local practices are emerging in the different divisions in the early cases. Accordingly, where advantageous, we can draw from a flexible network of renowned law firms and patent specialists to supplement our core team, ensuring the availability of the best local procedural knowledge and familiarity with the practices of local judges to form the most capable team of appropriately skilled European litigators to represent our clients in any case before any UPC division.
Our lawyers have been involved in the UPC since its inception, including contributing to EPO training materials, participating in mock trials and training the new judges. In addition to representing clients in UPC cases since June 2023, we are also contributing to a key practitioners’ guide for UPC litigation and frequently lecture on this topic at international conferences.