Spring 2014-Summer 2015: Since the announcement that the Unified Patent Court would come into operation, a number of moots have been conducted so as to replicate a trial under UPC rules. Instructive as these are, one is left with no real sense of how an action under UPC rules would unfold, or the tactics which would be used by seasoned practitioners in the new court to advance their clients’ interests. For this reason, Bristows ran mock UPC proceedings in real time using the draft Rules of Procedure. Started in spring 2014, the action headed to a final oral hearing in 2015. The aim was simple: to test out the system from start to finish (at first instance) to see what two competing teams actually do in as near to real-life conditions as is possible. A scenario was set up so that the proceedings could be commenced in the London local division, and only two unrealistic (but necessary) ground rules were put in place. First: the parties would not be allowed to invoke Article 83(1) and commence national litigation to circumvent the UPC. Second: they would not be allowed to settle.
For more information on the teams involved and the scenario, click here.