The Unified Patent Court (UPC) has already redefined the patent litigation landscape in Europe since its launch. With 2025 now well underway, marking a pivotal year for activity and adaptation, both law firms and in-house intellectual property (IP) teams must be prepared to navigate this framework effectively.
Activity Predictions
The UPC’s centralised enforcement mechanism is expected to drive significant activity in 2025. Since the commencement of operations on 1 June 2023, the Court has received a total of 700 cases, according to a report issued on 4 February 2025. Leading the way in infringement actions is Germany, with 82 infringement actions filed in the Munich local division, 55 in Düsseldorf, 34 in Mannheim, and 21 in Hamburg. Jurisdictions like Germany, France, and the Netherlands will continue to dominate filings in 2025 due to their established expertise in high-value patent litigation. Sectors such as biotech, pharmaceuticals, and technology are anticipated to lead UPC-related activity, reflecting the high stakes in IP protection.
Emerging jurisdictions in Scandinavia and Central Europe may also experience increased activity as businesses in these regions gain confidence in the UPC system. Overall, cross-border disputes are expected to rise as companies evaluate the efficiency and predictability of the centralised framework.
What Law Firms Should Be Considering
To remain competitive, law firms must invest in UPC-specific expertise—not only to meet client demands but also to attract and retain top talent. The UPC’s impact on IP litigation will drive increased hiring and acquisition of specialised IP teams. Firms that adopt UPC litigation as part of their strategy need not only to expand their teams (through M&A or lateral hiring) but also to enhance their internal structures. Firms should position themselves as leaders by training attorneys in procedural rules, developing tailored litigation strategies, and even building strategic partnerships with European firms.
As the UPC remains in its early days, professionals with direct UPC experience are still in limited supply. First movers and those with the most established practices will continue their competitive advance in 2025. Additionally, exploring tech-enabled solutions to manage the complexity of cross-border patent cases will enhance firms’ appeal to both clients and prospective hires.
What In-House IP Teams Should Be Considering
In-house teams must address the growing competition for talent, as the UPC reshapes the IP landscape. However, they must also evaluate patent portfolios to determine which assets are best suited for centralised enforcement. Companies should strengthen relationships with outside counsel experienced in UPC litigation, while also exploring internal growth initiatives to upskill their teams. By proactively navigating talent dynamics, in-house teams can mitigate risks associated with market shifts and ensure readiness for disputes.
Closing Thought
The UPC represents a transformative shift in Europe’s IP landscape. Proactive preparation and strategic adaptation—including effective talent management—will be essential for both law firms and in-house teams to succeed in this new era. In 2023, we enhanced our focus and formed our UPC and IP Litigation Practice to help our clients effectively navigate the evolving UPC landscape and the related team build-outs necessary to remain competitive across UPC member states.
