In an increasingly complex global enforcement environment, the interaction between patent office proceedings and patent litigation has taken on new strategic significance. This two-part session explores how decisions in front of the EPO and USPTO impact litigation outcomes and timing, with a focus on high-stakes technology cases.

Part 1: The EPO, the UPC, and the Changing Dynamic of Parallel Proceedings

• Assess the implications of EPO oppositions running concurrently with UPC litigation—how does the UPC's approach differ from traditional bifurcated systems like Germany?
• Explore tactical questions: Should you oppose at the EPO or litigate at the UPC—or both? And in what order?
• Consider the potential for forum shopping and jurisdictional tension between European litigation and opposition venues

Part 2: PTAB Discretionary Denials and Their Impact on U.S. Tech Patent Litigation

• Unpack the recent shift in USPTO policy regarding discretionary denial of IPRs under NHK-Fintiv and other frameworks
• Examine how these changes influence litigation timelines, venue strategy, and settlement leverage—especially in tech-heavy districts like WDTX and EDTX
• Discuss how tech companies are navigating rare appellate routes and increasing pressure to frontload invalidity challenges in district court

As the UPC establishes its position in the European IP landscape, the tension between national courts and the UPC is growing more pronounced. From Germany’s increasingly patentee-friendly stance to the emerging strategic importance of UPC first-instance decisions, this session unpacks the evolving dynamics shaping venue selection. With leading jurisdictions competing for relevance and consistency, legal teams must carefully weigh litigation strategies, timelines, and judge behaviour across venues. This session explores what’s driving decision-making in general technology patent litigation cases, FRAND and SEP disputes, and how industry stakeholders are navigating a fragmented, fast-moving litigation environment.

• Compare litigation strategy and outcomes between the UPC and key national courts, including Germany and the UK.

• Assess how judicial behaviour, timing, and appeal prospects are influencing venue selection in high-stakes tech disputes.

• Understand the impact of important case law at the UPC, including Panasonic vs Oppo (2024) and determine your strategy accordingly.