Bifurcation and the UPC – comments welcome!

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Bifurcation and the UPC – comments welcome!

The possibility for judges to separate infringement and validity is one of the most controversial aspects of the proposed Unified Patent Court. What are your views?

upc-blog-150.jpg

Last month we published an article by Gottfried Schüll and Arwed Burrichter of Cohausz & Florack in Düsseldorf, Germany in which they argued that bifurcation – the German-style practice of separating the infringement and validity hearings of a patent dispute – should be welcomed.

“The UPC will make use of the bifurcation system, which makes perfectly good sense and is something that should be embraced and not feared, as it will provide clearer and quicker results,” they write.

At my invitation, Adam Cooke of DLA Piper in the UK has written a response, which addresses why some people have concerns about bifurcation. UK practitioners are typically sceptical about bifurcation, but Cooke argues that the UPC Rules take a balanced approach.

However he adds that the Rules could be further refined “to ensure that the central division's decision on revocation is actually issued before the regional/local division's decision on infringement, and/or that an injunction should not be enforced until after the decision on validity or unless the patentee has provided suitable security”.

We’ve temporarily opened up both articles so that subscribers and non-subscribers can read them. We’d also welcome your comments, which you can post below.

The articles will be published in our March issue, along with a selection of any comments we receive on this blog, on LinkedIn or via Twitter by February 20.

more from across site and SHARED ros bottom lb

More from across our site

Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
General Court backs Christian Archambeau in some of his challenges against his departure, but dismisses others
Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
The firm posted a 13% increase in profit as well as a rise in overall revenue
Catherine Lee, one of Managing IP’s Top 250 Women in IP 2025, discusses her ‘soft’ approach to leadership and why building a community at work is important
Transactions specialists at Paul Weiss are advising on the high-profile split of Kraft Heinz into two companies, while Skadden is also involved in the deal
Gift this article