In an earlier post we pointed out how the Agreement on a Unified Patent Court appeared, by virtue of Article 47(5), to hard-code or hard-wire bifurcation into the system in instances where a licensee was bringing an infringement action. According to the UPC Article (see below) the defendant would need to start separate proceedings against the patent proprietor in order to challenge the validity of the patent.

In the 15th draft of the Rules of Procedure of the Unified Patent Court there were some amendments to Rule 25 (Counterclaim for revocation) which, on the face of it, appear to address this issue. In this post we take a closer look at the changes. (more…)