In further preparation to ensure Dehns’ UPC Litigation team are ready for acting before any UPC court, yesterday (11^th December 2023) culminated in the Dehns’ UPC Mock Trial. Two teams involving Partners and Associates from the various Dehns’ offices (London, Brighton, Oxford and Munich) put their cases forward before Judge Darrin Shaya (Stanley Black & Decker, Director of Patents) and Judge-Rapporteur Paul Harris (Dehns’ Head of Litigation), in a mock trial held at Dehns’ Oxford office. The subject matter (infringement of a patent relating to sonar devices) raised Issues of infringement, as well as invalidity (based on novelty, inventive step, added matter and insufficiency). Amendments to the patent were also sought by the claimant team.

Over the past few months, the two sides have pleaded each sides’ case in accordance with the UPC Rules of Procedure, and which included the Judge-Rapporteur holding of an Interim Conference seeking to narrow the issues for trial.

The trial lasted a full day, and the judges will hand down their decision some time in the New Year. This will also be used as an exercise for Dehns’ UPC Litigation team to understand strategy and consequences of decision making.

Adrian Samuels, Dehns’ Managing Partner said: “I am immensely proud of the effort the Dehns’ UPC Litigation team has put into this exercise, and the skilful way both sides argued their cases. It places Dehns in a fantastic position to be able to handle clients’ litigation before any UPC court, and against any opponent’s legal team.”

Dehns is already acting as proprietor defendant representative on behalf of Carrier Corporation, one of Dehns’ largest corporate clients, in a revocation action before the UPC Central Division, Paris, as well as handling the parallel EPO opposition brought by the same party.

Dehns is currently supporting other clients in UPC revocation and infringement actions as part of a multi-jurisdiction litigation team.