The rate of withdrawn infringement actions in first instance is 64%. Withdrawal rates are highest in Munich and Hamburg, with 75% and 74% respectively. In The Hague and Paris, withdrawal rates are lower, with 50% and 40% respectively. When looking at technical fields, withdrawal rates for cases on electricity and physics are 80% and 63% respectively.
On appeal, withdrawal rates are significantly lower.
The data indicates that UPC litigation often forms part of a broader dispute-resolution process and is not merely a route to judgment.
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Continued statistical analysis is conducted and published on a monthly basis, with regular updates shared both on LinkedIn and on our website: HOYNG ROKH MONEGIER UPC.
The statistics included in this article are based on decisions of the Unified Patent Court and are intended to provide an indicative overview.