In June 2023, the Unified Patent Court (UPC) opened its doors, heralding a new era in patent adjudication across Europe. Recently, the UPC issued its 100th decision – reflective of its increasing importance as a venue for patent litigation in Europe.

The decision, from the proceedings between Ocado and Autostore, relates to public access to documents in UPC proceedings, an issue our team at Bristows has followed closely after late amendments to the UPC Rules of Procedure made written pleadings and evidence available to the public only on “reasoned request”. Recognising the case’s broad significance beyond the parties involved, we applied to intervene as an interested party in Ocado’s appeal against the Nordic-Baltic regional division’s decision to allow access to pleadings to a member of the public.

The application to intervene was rejected by the Court of Appeal but we remain hopeful that the Court of Appeal will deny Ocado’s appeal and that the Hague Local Division will thoroughly examine our reasoned request for access to pleadings in separate proceedings between Plant-e and Arkyne. It is crucial that the principle of open justice extends to non-parties, ensuring transparency and fairness in UPC decision making.

This experience reinforces our dedication to the UPC’s development as an alternative patent litigation forum in Europe and the changing landscape of patent law.