Report on the UPC Mock Trial of 22 January 2016 in Munich
EPLIT Mock-Trial under the 18th draft of the Rules of Procedures for the UPC on 22 January 2016 in Munich
On 22 January 2016, EPLIT has run a mock-trial under the 18th draft of the Rules of Procedure for the Unified Patent Court (UPC). The case was between Improver Corporation and Remington Consumer Products and concerns a depilatory device, better known as the "Epilady" case. This case was litigated in the late 1980's and early 1990's before various national courts in Europe with drastically different outcomes. For that reason it serves as a reminder of why further harmonization of patent litigation in Europe is a worthy cause. The mock-trial will be staged before the Local Division of the UPC in Munich.
The panel of judges consisted of Prof Haedicke (Oberlandesgericht in Düsseldorf), Mr Zigann (Landgericht in Munich) and Mr Van Walderveen (District Court in The Hague). The panel has been extended with a technical judge, Mr Klein (formerly of the Boards of Appeal of the European Patent Office). The patent proprietor (Improver) was represented by Rainer Beetz (Sonn and Partner, AT) and Leythem Wall (Finnegan Europe LLP, GB). The alleged infringing party (Remington) was represented by Marek Lazewski (Lazewski Depo and Partners, PL) and Jan Stein (Ipracraft AB, SE).
Please, click here for the report by Chris Ryan of this succesful UPC Mock Trail.