Damage Calculations under the UPC

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The Unified Patent Court (UPC) opened its doors on 1st June 2023. Since then, over 200 cases have been filed with the Court, representing a great range of industries and technologies. In this webinar, we consider the important question of damage calculation in cases of patent infringement under the UPC. OxFirst wrote about this subject before the UPC launched, discussing the routes, calculation factors and expertise required for effective valuation. This panel discussion brings together viewpoints from across Europe with several decades of collective experience in patent litigation to discuss how damage calculation is completed under the UPC and share invaluable first-hand insights.

About the Speakers

Damage Calculations under the UPC

Sönke Scheltz | Partner |Eisenführ Speiser

Sönke Scheltz is a partner in the patent litigation team at Eisenführ Speiser, where he represents clients in complex, multinational patent infringement and nullity proceedings before all German courts and the UPC. He has made a name for himself in the enforcement of standard essential patents (SEPs) and played a leading role in the ECJ’s decision on the requirements for issuance of preliminary injunctions. Sönke’s litigation practice also focusses on extensive disputes relating to patent ownership, and he benefits from regular drafting and negotiation of licence, cooperation and R&D agreements.


Damage Calculations under the UPC

Vittorio Cerulli Irelli | Partner | Trevisan & Cuonzo

Vittorio Cerulli Irelli is a partner at Trevisan & Cuonzo and an expert litigator. With over 15 years courtroom experience, Vittorio has successfully represented companies of all sizes before the Italian and European Union courts and agencies in a broad range of high-profile cases. He handled multiple, extensive, multi-jurisdictional patent and trade secret litigations in the areas of telecommunications, electronics, semiconductors, software, medical devices, chemical processes and mechanics. A specific focus of Vittorio’s practice is litigating SEPs, where he acted for Korean, Japanese, U.S., French and Chinese clients in numerous cases setting leading precedents on substance and case management. Vittorio holds a PhD from the University of London, has published extensively on a broad range of issues and has repeatedly given expert opinions on Italian law for foreign courts.

Damage Calculations under the UPC

Cyrille Amar | Partner | Amar Goussu Staub

Cyrille Amar is a partner at Amar Goussu Staub, a law firm which he founded in 2003. His practice focuses on intellectual property, with specific experience in licensing and litigation involving standards essential patents and FRAND terms.  He has participated as co-counsel or lead counsel to more than 20 FRAND cases in France and abroad, before French courts and arbitration tribunals. Cyrille is also the founder of FrandAvenue, a marketplace for licensing agreements. FrandAvenue provides a virtual negotiation space in which licensors and licensees find all the information and tools necessary to the negotiation of a patent licence agreement.

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