The Unified Patent Court is beginning to see increased activity in the life sciences sector, despite initial expectations of limited engagement.

When the UPC launched, it was widely anticipated that life sciences companies would bring relatively few cases, largely due to the sector's propensity to opt patents out of the system. While opt-outs remain common, recent trends suggest a strategic shift: patent holders are now withdrawing opt-outs to pursue infringement proceedings within the UPC, and medium-sized companies are increasingly selecting unitary patents, which confer exclusive jurisdiction on the court.

Several substantive rulings are shaping the UPC landscape for life sciences. Hamburg's second medical use decision established the court's approach to such claims and infringement testing, while cases including 10X Genomics — initially decided by the Court of First Instance and later overturned on appeal — are clarifying the standards for preliminary injunctions and the role of validity considerations in these determinations.

As confidence in UPC procedures and precedents develops, further life sciences litigation is anticipated. The Milan Central Division, the primary venue for such cases, has seen modest activity to date with only eight revocation actions filed. However, as the legal community gains familiarity with the court's approach, life sciences litigation at the UPC is expected to grow in the coming years.

At Marks & Clerk, our team has the expertise to advise life sciences clients on UPC strategy and proceedings.