Examining a Potential ‘Counterclaim Gap’ at the Unified Patent Court
IP Watchdog
JANUARY 13, 2025
In June 2023, as is widely known, more than 50 years of efforts to create a pan-European patent jurisdiction were finally successful and the Unified Patent Court opened its doors. Historically, there were two traditions within Europe, namely, the German principle of separation (often wrongly called also bifurcation), according to which infringement actions and nullity actions were separate and handled at different courts, and the otherwise prevailing principle of unity, according to which infrin
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