Jakob Koch, IP Manager, Ambu A/S
1. What do you know about the Unitary Patent and the Unified Patent Court?
Have you started preparing? If yes, in what way? If no, what actions or decisions do you think it will take for your company to start preparing?
Answer: We have followed the development and have started to analyze the possible impact on our business, but we will not take any decision before we known when the UPC will enter into force.
2. What are your thoughts regarding the Unitary Patent?
Are you planning on requesting UP and if so for all or only some of your patents?
Answer: Basically, the UPC is just a new tool that will be added to our range of strategic tools when developing filing strategies. We are definitely going to use the new system, but maybe not for all patent filings.
3. Do you think you will stay within the competence of the UPC for already granted European patents and currently pending application? Or will you request opt out?
If you decide to opt out, will that be for all or only for some of the granted patents?
Answer: We have not decided on that yet, but the most likely scenario is that we will opt out for some of the granted patents.
4. What are your thoughts on the new Court?
Will the court face any special challenges within your specific technical field?
Answer: Probably not
Is the fact that it will be a fast acting Court an advantage or disadvantage to your company?
Answer: It will most likely be tough working with the new Court, but generally from a management perspective it is advantageous with a short horizon to a decision so you can move on. However, it depends on the specific situation whether a long litigation period with uncertainty is advantageous or not.
If you have a choice of venue for an infringement action, where do you think you will most likely file a claim – at a local, regional or central division?
Answer: We haven’t decided on that yet. We would go for the venue d where we believe our case will have the best chance to succeed and as a global company, we would not be reluctant to choose a regional or central division if that serves our case the best.