Tuesday 31 May

UPC Series: Infringement and Validity Opinions in the UPC Era

When and where

Date and time

Start: Tuesday 31 May 2022, 12:30 PM

End: Tuesday 31 May 2022, 01:30 PM

Event Overview

UK patent attorneys are often asked by their clients to provide opinions on patent infringement and validity. In the current system, when a European patent application is granted, it becomes a bundle of national patents. While UK patent attorneys are qualified to consider the UK designation, assessing corresponding patents in the other European states typically requires locally qualified national agents and consideration of the different national laws.

With the advent of the UPC and Unitary Patent, will patent attorneys qualified before the UPC become eligible to opine on European (and Unitary) patents in UPC states?

This webinar will give an overview of the UPC Agreement, the Regulations on the Unitary Patent and what laws these indicate need to be considered when assessing the validity and infringement of European and Unitary Patents before the UPC. Due to the possibility of opting out (and back in) European patents in the UPC transitional period, such assessments are made only more complicated and dynamic.

In this episode of the CIPA UPC educational series, Richard Davis and Leythem Wall will run through the different considerations and complexities involved in opining on patents before the UPC.




Leythem Wall, Oxon IP

Leythem Wall, Oxon IP

Leythem Wall is a European and UK patent attorney and litigator specialising in EPO Oppositions and Appeals. Prior to founding Oxon IP, he was a Partner in major European and U.S. IP law firms, and before then in-house patent counsel for ExxonMobil and AkzoNobel.

Leythem is a member of the CIPA Litigation and International Liaison Committees, the EQE Committee (Opposition Paper C), and is President of the European Patent Litigators Association (EPLIT) which promotes European patent attorney representation before the UPC.

He holds the postgraduate certificate in IP Litigation and Advocacy from Nottingham Law School, and the Diploma in Patent Litigation in Europe from CEIPI, University of Strasbourg.

Richard Davis, Hogarth Chambers

Richard Davis, Hogarth Chambers

Richard has over 20 years’ experience litigating before the English Patent Court as well as oppositions and appeals before the EPO and is equally familiar with both jurisdictions.

Before commencing practice at the Bar, Richard qualified as a European Patent Attorney and this dual qualification has resulted in him appearing frequently before the European Patent Office and giving him representation rights before the UPC.

Richard’s practice encompasses a diverse range of technologies. He has particular expertise in the electronics / telecommunications sector having advised many of the major players in the field such as LG Electronics, Samsung, Nokia, Motorola and Symbian. Although by training an electrical engineer, he is active in the pharmaceutical sector and acted for the Secretary of State for Health in the ground breaking second medical indication litigation concerning pregabalin.

Richard lectures and tutors regularly on IPRs to patent and trade mark attorneys and solicitors. He has tutored at Nottingham Law School on its LLM in Advanced IP litigation and been a visiting lecturer of CEIPI on the European patent litigation diploma. Richard is now one of the two General Editors of the CIPA Guide to the Patents Acts (the Black Book).

It was recently announced that he will be appointed King’s Counsel (silk) in early 2023.

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