UPC Hot Topics: a meeting to discuss the latest developments in UPC case law

On 22 May 2026, the conference “UPC Hot Topics: A Guided Discussion on the UPC Case Law” took place at the Department of Energy of Politecnico di Milano, bringing together UPC judges, patent attorneys, lawyers, and experts from across Europe for an in‑depth discussion of some of the most significant legal and procedural issues emerging from recent Unified Patent Court (UPC) case law.

The conference, held at the conclusion of the POLIMI Patent Litigation Certificate course for qualification as a UPC representative, was organised by Professor Antonio Salerno (Department of Energy, Politecnico di Milano & UPC representative) and Giovanni Casucci (Lawyer and Partner at Grimaldi Alliance).

The event featured contributions from distinguished UPC judges and IP experts, including:

  • Simone Billi, President of the Parliamentary Intergroup on the Protection of Technological Innovation;
  • Paolo Crippa, Technically Qualified Judge;
  • Cesare Galli, Full Professor of Industrial Law, University of Parma – IP Law Galli;
  • Klaus Grabinski, President of the UPC Court of Appeal;
  • Margot Kokke, Legally Qualified Judge – Local Division The Hague;
  • Dennis Kretschmann, Technically Qualified Judge;
  • Elisabetta Papa, Technically Qualified Judge;
  • Andrea Postiglione, President of the Central UPC Division, Milan;
  • Massimo Scuffi, UPC Advisory Committee;
  • Marina Tavassi, Studio Bonelli Erede.

Topics addressed during the conference included: symmetry, proportionality and liability in UPC decisions; claim interpretation and the doctrine of equivalence; preservation of evidence; long‑arm jurisdiction; likelihood of validity and infringement in preliminary proceedings; and the assessment of inventive step in UPC and EPO case law.

Each presentation was followed by an extensive and constructive discussion.

The Department of Energy extends its sincere thanks to all speakers and participants whose contributions made this initiative a success.

 

Comment by Klaus Grabinski, President of the UPC Court of Appeal and speaker at the conference.

I very much appreciate being invited and having the opportunity to take part in this conference. I am truly impressed by the high quality of the presentations, as well as by the liveliness of the discussions that follow. I have gained many new insights from the speakers and have greatly enjoyed the discussions.

Comment by Stefania Bergia – Partner, Intellectual Property & Dispute Resolution, Simmons & Simmons and lecturer of the EPL course.

I think this is a truly excellent conference. I believe that, first of all, many UPC judges have been involved in the discussion, which has been very interesting. We have addressed hot topics such as claim interpretation, the relevance of prosecution history, and infringement by equivalence. For our legal system, it is extremely important to discuss these issues in this way, with all the key stakeholders involved, and especially the judges, because we can also gain many valuable insights.

Comment by Cesare Galli, Full Professor of Industrial Law, University of Parma – Founding Partner e Managing Partner IP LAW Galli. Lecturer of the EPL course and speaker at the conference.

After three years of operation of the UPC, there are still many hot topics to be addressed. What really matters, I believe, is to find solutions to the challenges arising from the European patent enforcement system in a way that earns the trust of companies, both claimants and defendants. What we need, in particular, is to identify objective criteria for assessing inventive step, infringement, and for managing the timeframe of cases. Without legal certainty, there will not be sufficient trust among stakeholders, which could not only undermine the system itself but also make our companies less competitive in the global market. That is our real goal.

Comment by Antti Kokko – Partner, Berggren Oy and participant in the EPL 2026 course.

I think it’s a brilliant idea to organise this kind of workshop: after spending a week on the course, it really helps to bring everything together. We also get the chance to meet again the lecturers, and now we can sort of wrap things up, exchange ideas, and receive feedback. In this way, we actually learn more and feel part of the community

Comment by Heino Pekka – Partner, Berggren Oy and participant in the EPL 2026 course.

The discussions are extremely fruitful, as experts from all over Europe bring different perspectives to a wide range of topics. In particular, the discussions concerning claim interpretation at this stage were especially lively and constructive.

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