Vossius & Brinkhof – UPC Litigators
VOSSIUS & BRINKHOF is a collaboration of the best international litigators and technical specialists in Europe. Cross-border litigation expertise, language skills in English and German – the main UPC languages – and wide technical expertise, all in one combination. VOSSIUS & BRINKHOF has been litigating UPC cases from the outset.
Litigating in the UPC has its own strategic challenges. VOSSIUS & BRINKHOF understands the complexities of your patent dispute faster and can advise you more reliably than our competition.
- We have been actively litigating cases in the UPC from the outset.
- We closely follow its many trends and developments.
- We have vast experience in litigating – both nationally and in the UPC – before the many German and Dutch judges which constitute the various UPC first instance and appeal panels.
- Our offices are located close to where most of the UPC action has been seen so far.
Rankings – Managing IP EMEA Awards 2025
The VOSSIUS & BRINKHOF team received three awards at the Managing IP EMEA Awards 2025 in London:
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Practitioner of the Year (The Netherlands) – Mark van Gardingen
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UPC Firm of the Year (The Netherlands)
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Europe Cross-Border Patent Litigation Team for Xiaomi and OPPO against Panasonic
These rankings were based on independent research, client ratings and our role in leading UPC cases.
Unified Patent Court (UPC)
As of 1 June 2023, the Unified Patent Court (UPC) is offering a new, central forum for resolving patent disputes across Europe. This specialized court handles infringement and invalidity actions concerning both (traditional) European patents and (new) Unitary patents.
The establishment of the UPC marks a significant development in European Patent Law, as it enables patent disputes to be resolved in an efficient, state of the art manner covering most European countries.
Wide UPC Jurisdiction
Decisions of the UPC have effect in most EU Member States, and can under circumstances can also cover European countries which are not a member of the EU.
Most EU countries have ratified the Unified Patent Court Agreement (UPCA), which forms the legal basis for the UPC. This means that patent holders no longer need to initiate separate legal proceedings in individual European countries to enforce or challenge the same European patent. UPC proceedings are very efficient. Considering their scope, UPC proceedings usually result in much reduced legal costs.
Transitional period
For existing European patents, a transitional period will be running until 1 June 2030. Until that time, patent holders can choose between using the UPC, or continuing to litigate their patent disputes before the national courts of individual European countries.
If a patent holder prefers the validity of its patents not to be tested in the UPC, they may file an opt-out request. This means that the European patent in question will fall outside the jurisdiction of the UPC and can only be litigated in the national courts. Opt-out requests may be submitted to the UPC Registry, provided no legal action has yet been initiated before the UPC.
The UPC makes it possible to resolve patent disputes in multiple countries through a single set of proceedings—quick, efficient, and at lower cost. Traditionally, enforcing a European patent Europe-wide would require litigation in each country where the patent is validated, leading to high costs, lengthy proceedings, and procedural complexity. Since 1 June 2023, the UPC is offering a very attractive alternative.
The deadlines for exchanging legal documents in UPC litigation are short. VOSSIUS & BRINKHOF have the critical international legal and technical mass required. In defense or in offense, we will be able act quickly and convincingly; also under pressure. Do you want to be sure that your patents are optimally protected in the UPC system? Our specialists will offer strategic advice and guide you through the process.
UPC Advantages
The UPC offers an efficient solution for patent disputes because it consists of a single procedure which covers multiple countries. In most cases a UPC decision will cover the major European jurisdictions and several smaller states. The duration of UPC main proceedings from beginning to end in first instance is a little over one year. PI proceedings may lead to an interim injunction in a few months’ time or less.
The UPC is relevant to your organization if you:
- Are active in multiple EU countries in a competitive market;
- Have European or Unitary Patents (or are considering applying for them);
- Are looking for faster and more cost-efficient enforcement or nullification of European patents;
- Want to avoid parallel proceedings in various countries;
- Want insight into the infringement or validity of a patent in multiple countries at the same time;
- Are a small or medium-sized company. For small companies the UPC has a special cost reduction arrangement (see below).
UPC Disadvantages
The UPC may also have advantages. Costs for cases with a large financial interest can be high, with start-up costs starting at €11,000 for an infringement claim, excluding legal fees. In addition, the system carries a risk: a negative decision can mean that a patent is declared invalid in all participating countries. Furthermore, not all EU countries participate in the UPC. In the event your competitor is active in a non-participating state, you may still have to go through additional national procedures. But then again the UPC under circumstances may provide relief outside the EU. Small companies (maximum 50 people and maximum €10 million in turnover) receive a 40% discount on the fees charged by the UPC. However, it will still be difficult for small parties to take on large parties if the financial stakes are high: legal fees in complicated cases tend to be high and – like in many national litigation systems – the UPC as a rule orders the losing party to pay a significant share of the winning party’s legal fees.
UPC Insights LinkedIn Newsletter
As the UPC continues to shape patent enforcement and strategy across Europe, our experts at VOSSIUS & BRINKHOF UPC LITIGATORS bring you the latest rulings and interesting developments through our bi-weekly UPC Insights LinkedIn newsletter.
Insights
