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

This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
Gift this article