With the limited set of 38 decisions on the merits, the outcome is evenly split: in 50% of cases the appeal was rejected, while in the other 50% the first instance decision was overturned.
Some further highlights:
- On appeal, infringement was ultimately found in only 33% of cases, while the first instance decisions being appealed infringement had been found in 78% of these cases.
- Appeals concerning provisional measures show a similarly active Court of Appeal: first instance decisions were overturned in 8 out of 18 cases.
- Appeals in infringement and revocation actions mostly took 10-11 months, while appeals concerning provisional measures were usually decided within 4-5 months
Find the statistics here.
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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.