Gain firsthand insight into how judges across Europe are approaching pharmaceutical and biotech patent litigation in both national and UPC forums. This session offers a rare opportunity to hear from the bench on key trends, procedural developments, and how judicial thinking is evolving post-UPC launch. Attendees will come away with a deeper appreciation for the considerations shaping decisions in complex cross-border disputes.

The EPO’s decision in G2/21 was meant to bring clarity, but questions around plausibility standards remain unsettled. This panel will assess how national courts and the EPO are applying the doctrine and the implications for life sciences patents.

• Compare approaches to plausibility in the UK, Netherlands, and EPO post-G2/21.
• How are national courts diverging from or aligning with the EPO's reasoning?
• Explore how plausibility has been tested in key cases including Apixaban and Dapagliflozi.
• Understand the vulnerability of life sciences patents under current plausibility thresholds and discuss the risks of invalidation, and how should companies adapt?
• Discuss the comparative written description and enablement standards in the USA and the latest case law which may affect your global litigation strategy.

Second medical use patents remain a cornerstone of value creation in the life sciences industry, but enforcement continues to be fragmented. This panel will compare recent decisions and enforcement strategies across the UK, UPC and key global jurisdictions.

• Examine the new UPC plausibility and infringement test and how it applies in practice?
• Review the significance of the first UPC decision at the Dusseldorf Local Division (2025).
- What does it mean for assessing knowledge, intent, and infringement risk?
• Discuss the comparison with the USA and the recent wave of Skinny Label litigation.
• Understand the landscape of prior disclosure (G1/23) and its impact on the patentability of second medical use patents, as well as formulations, crystal forms and polymorphs.

Cross-border litigation poses unique challenges and opportunities for the pharmaceutical and biotech industries. This panel will explore the complexities of managing patent litigation across multiple jurisdictions, strategies for harmonizing legal approaches, and the impact of international regulatory environments.

• Review the major cross-border case law and discuss the resulting IP effects from decisions such as: Tecfidera, Apixaban, Rivaroxaban, Glucose monitoring device cases, Paxlovid and Jardiance.
• Discuss common challenges faced in cross-border patent litigation, including jurisdictional issues, differing legal standards, and enforcement of judgments.
• Understand strategies for harmonising litigation approaches and minimising conflicting decisions.

As the UPC becomes more active, questions are emerging around its jurisdictional reach - particularly regarding its influence on companies and enforcement strategies in non-UPC countries like the UK and Spain. This session explores how far UPC decisions can stretch, and what it means for rights holders and litigants operating beyond its formal borders.

• Examine the potential extraterritorial effect of UPC decisions on non-participating states.
• Hear perspectives from UK, Spanish, and international counsel on the limits and risks of UPC long-arm jurisdiction.
• Explore defensive and offensive strategies for companies based in or targeting non-UPC jurisdictions.

The UPC is not just a litigation forum, it is also proving to be a strategic lever for in-house counsel seeking faster resolutions, stronger negotiating positions, and cost-effective enforcement. This session will examine how companies are recalibrating their patent prosecution and litigation strategies to take advantage of the UPC’s tight timelines, wide territorial scope, and growing body of case law on injunctions and costs.

• Explore how the mere filing of UPC cases - such as Ocado’s triple-action move against Autostore - can accelerate settlements in long-running, multi-jurisdictional disputes.
• Understand how the UPC’s efficiency and Europe-wide reach heighten pressure on implementers, making the threat of an injunction a powerful driver of licensing outcomes.
• Examine how the UPC’s approach to proportionate injunctions and litigation cost allocation (e.g., Milan LD rulings) are influencing early settlement calculus and portfolio management.
• Discuss how in-house teams are adapting prosecution strategies - such as timing of unitary effect requests - to align with their risk tolerance and enforcement goals.