A European Patent Office (EPO) opposition is often the first line of defense for a party seeking to invalidate a European patent. Oppositions must be filed within nine months of the patent’s grant, and they offer a centralized way to revoke or limit the patent in all designated states. With the Unified Patent Ccourt (UPC) now providing a parallel central revocation mechanism (with no deadline) for UPC member states, it was inevitable that some patents would face both an EPO opposition and a UPC revocation/infringement action at the same time. The interplay between these proceedings has quickly become a critical issue, raising questions of stays, inconsistent outcomes, and tactical timing. Case law from 2024–2025 illustrates how the UPC and parties are managing double-tracked disputes.
Recent Posts
- PTAB Designates Informative Director Review Decision Vacating Institution of Two Petitions Challenging Same Claims
- Stewart Grants Discretionary Denial Due to Patent Being Dismissed From Litigation
- U.S. Government’s Intervention in Patent Case Signals Good News for Patent Owners Seeking Injunctions
- Gaming Patent Litigation on Both Sides of the ‘v’ | IPWatchdog Unleashed
- Recentive Rehearing Petition Challenges CAFC’s Broad Section 101 Exclusion of Machine Learning Inventions