Clarivate Reveals First Year of Unitary Patent Court Litigation Activity

Rhea-AI Summary

Clarivate launched a report on the Unitary Patent Court's (UPC) first year of litigation activity. The analysis, based on Darts-ip data, showed consistent monthly infringement filings averaging ten per month. The number of UPC decisions rose 155% in the second half compared to the first half. German divisions dominated infringement cases, with Munich accounting for 37.7%. Six of the top ten plaintiffs were U.S.-based, and major representative firms handled 71.3% of cases. Electrical engineering led in infringement cases with 39.8%, while instruments led in revocation cases at 36%. The ICT industry saw 38.5% of patents asserted before the UPC.

Positive

• UPC decisions increased 155% in the second half of the year.
• German local divisions accounted for nearly 80% of cases, with Munich leading at 37.7%.
• Six out of the top ten plaintiffs were U.S.-based.
• Major representative firms managed 71.3% of the total cases.

Negative

• None.

Consistency in infringement cases with an average of ten filings per month

LONDON, July 10, 2024 /PRNewswire/ -- Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today launched the report One year later in the UPC: First insights from Darts-ip™, which analyzes litigation data from the Unitary Patent Court's (UPC) inaugural year. The analysis sheds light on the future direction of the UPC and its continued role alongside the European national courts and other major global patent jurisdictions. 

According to Darts-ip data, infringement cases were consistent for the UPC's first year, averaging 10 filings per month. The number of decisions published by the UPC increased slightly each month with the number of decisions given in the second six months increasing 155% compared to the first six months of the Court. German local divisions accounted for nearly 80% of infringement cases, with Munich leading at 37.7% of all infringement cases filed before the UPC. Six of the top ten plaintiffs were U.S.-based and the top ten most active representative firms dealt with two-thirds (71.3%) of the total number of cases filed before the UPC.

Gordon Samson, President, Intellectual Property, Clarivate, said: "The launch of the UPC represents a significant development in the global patent landscape. The importance of using data to draw valuable conclusions about the global patent and litigation landscape is crucial as the UPC's jurisdiction continues to develop. Data should be at the heart of every business decision, to validate analyses and inform strategy or to predict important industry, technological and legal trends."   

In terms of industries, electrical engineering was the most impacted technical field, constituting 39.8% of all infringement cases, followed by instruments at 22.6%, mechanical engineering at 16% and chemistry at 13%. The pharmaceutical sector represented only 3.4% of all UPC infringement cases. The information and communication technologies (ICT) industry accounted for 38.5% of all patents asserted before the UPC.

A different pattern was observed for revocation cases. Electrical engineering was not the most impacted technical field, as it accounted for only 28% of all industries. In contrast to infringement proceedings, Instruments took the lead with 36%. Additionally, mechanical engineering and chemistry only accounted for 8% each. 

Read the One year later in the UPC: First insights from Darts-ip report here.

About Clarivate
Clarivate™ is a leading global provider of transformative intelligence. We offer enriched data, insights & analytics, workflow solutions and expert services in the areas of Academia & Government, Intellectual Property and Life Sciences & Healthcare. For more information, please visit www.clarivate.com 

Media Contact:
Sofia Nogues, Sr. External Communications Manager
newsroom@clarivate.com 

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SOURCE Clarivate Plc

FAQ

What does Clarivate's report reveal about the UPC's first year?

Clarivate's report shows the UPC handled consistent monthly infringement filings, with decisions increasing 155% in the second half of the year compared to the first.

How many infringement cases were filed before the UPC in its first year?

The UPC saw an average of ten infringement case filings per month in its first year.

Which technical fields were most impacted by UPC infringement cases?

Electrical engineering led with 39.8%, followed by instruments at 22.6%, mechanical engineering at 16%, and chemistry at 13%.

Which technical fields were most impacted by UPC revocation cases?

Instruments led revocation cases with 36%, followed by electrical engineering at 28%, and mechanical engineering and chemistry each at 8%.

What percentage of UPC infringement cases were handled by German local divisions?

Nearly 80% of UPC infringement cases were handled by German local divisions.

What percentage of UPC infringement cases were filed in Munich?

Munich accounted for 37.7% of all infringement cases filed before the UPC.

What role did U.S.-based plaintiffs play in UPC cases?

Six of the top ten plaintiffs in UPC cases were U.S.-based.

How involved were major representative firms in UPC cases?

Major representative firms handled 71.3% of the total number of cases filed before the UPC.

What was the most impacted industry by UPC patents?

The ICT industry accounted for 38.5% of all patents asserted before the UPC.