WORKSHOP: Harmony and Dissonance: Where does the changing international landscape in patent litigation and licensing lead us – prepare for a “War of Attrition or for an Army of Superpatents?”

The panelists have experience in 3 distinct (legal) territories (Europe, China, U.S.) and 3 distinct fields of interest (big industry, legal, patent attorney) and can therefore discuss how the first decisions of the UPC are setting the UPC and the UPC-contracted member states on the map with respect to patent enforcement. The panelists will address the following subjects:

1. Is the UPCA-territory comparable to the Chinese and US-territory when it comes to enforcement and licensing? How have the territories grown closer, and in what aspect do they still differ?
2. From a EU, USA and Chinese, litigation, licensing and industry perspective: Is, and if so, how is the existence of a UPCA-territory changing the strategy on patent portfolio’s? What would be the best strategy under what circumstances?
3. What to do in UPC-territory with patent portfolio?
4. Line in UPC case law so far: patentee-friendly? Patent-critical? Local flavors?
5. In light of the UPC so far:
   • Should one favor quantity of patents, which can be used in multiple suits against the same party in a “war of attrition” for which funds can be used that used to be attributed to enforcing the same patent before multiple national courts?
   • Or should a company favor quality in order to create a portfolio of strong “bullet proof” patent rights which may be upheld centrally by the UPC, the USPTO and US courts, the CNIPA and Chinese Courts and thus strong enforcement candidates? Also in light of the possibility of multiple attacks (counterclaims).Opinions from a EU-perspective (new and emerging large territory), Chinese perspective (large territory, substantial recent changes in patent landscape) and USA perspective (experience with large-territory patent litigation and licensing).
6. How this changes licensing: territory, style, number of patents, valuation of licensing candidates: .What is most valuable for licensing of new and smart technologies: the US-type system (painful verdicts but high costs) a unique European system with a federal approach to enforcement and damages, or the (new) Chinese approach combining strong central enforcement with relatively low damages?