This is a summary of developments in and around the Unified Patent Court (UPC) in the calendar week of May 11, 2026.
To Read The Full Story
Continue reading your article with a Membership
11. Around the court
11.1 UPC statistics point to gradual redistribution of patent litigation beyond Germany-based divisions
The UPC published its monthly statistics report, recording 170 new Court of First Instance (CFI) filings. More notably, infringement litigation appears to be gradually shifting beyond Germany-based divisions. Although Munich, Dusseldorf, Mannheim, and Hamburg still handled 66% of year-to-date infringement actions, their share declined from 78.4% during June to December 2025. English remained the dominant language of proceedings, accounting for nearly 72% of CFI filings, while the CoA recorded 58 matters through April 2026, including 28 merits appeals.
11.2 Freshfields data shows UPC rarely orders enforcement security in infringement cases
According to data compiled through the Freshfields firm’s UPC tool, UPC divisions have ordered enforcement security in fewer than 6% of infringement judgments issued in favor of plaintiffs between June 2023 and May 2026, despite the the commercial consequences of immediate enforcement. Enforcement security was requested in roughly 28.6% of such cases, but ultimately granted in only 5.7%.
The figures arrive as the UPC considers revisions to its RoP and the European Commission evaluates the broader UPC framework. The data has renewed debate over whether the current system provides sufficient safeguards before first-instance decisions become enforceable, particularly given the UPC’s relatively high threshold for granting suspensive effect on appeal. The issue also raises broader questions about the consistency of enforcement practices across different UPC divisions.
11.3 Lisbon lecture by Prof. Dr. Wim Maas to assess UPC’s development and future direction
Prof. Dr. Wim Maas, partner at Taylor Wessing, is set to deliver his inaugural lecture as Professor of International Patent Litigation at Universidade Católica Portuguesa in Lisbon on May 21, 2026. The lecture will focus on the development of the UPC, examining whether it has fulfilled its original promise, how the court has evolved in practice, and the future trajectory of UPC litigation. The event will take place at 4:00 p.m. in Room Brasil on the university’s Lisbon campus. An online livestream of the lecture will also be available free of charge.
