The UPC in Numbers: 32 Months of Action

The Unified Patent Court (UPC) has become the central stage for European patent litigation. However, it has been difficult to know what exactly has been happening, as the UPC hasn't issued any official statistics since June last year^[1].  

At Bird & Bird, however, we have been keeping an eye on what's been happening before the UPC since its launch and the stats show the keen uptake of proceedings before the UPC:

• Over 640 CFI actions filed
  • 480+ Infringement actions
  • 80+ Revocation actions
  • 80+ Applications for provisional measures
  • 30+ Applications for preservation of evidence/inspection
• Over 330 Appeals
  • mostly procedural but setting precedence for how UPC proceedings work

UPC Case Trends: Actions Filed Per Month

Graphic shows UPC filings over the past 24 months

480 infringement actions have been filed, regularly over 15 per month (peaking at 28).  75% filed before German LDs, with The Hague, Paris and Milan LDs being the next popular. Other Divisions have a very low percentage of the actions and are ripe for consideration.

83 revocation actions have been filed, regularly between 2-4 per month (peaking at 7), nearly 70% before Paris CD (CD determined by subject matter).

85 applications for provisional measures have been filed, regularly between 2-5 per month. Just over 65% before German LDs, LD Mannheim less popular than LD The Hague and LD Milan.

To the end of January 2026, Bird & Bird is involved in 15% of UPC first instance actions, including Infringement actions, Revocation actions, Applications for provisional measures, preserving evidence & inspection, Declarations of non-infringement, Request for damages in relation to non-UPC proceedings, representing both claimants and defendants equally.  Bird & Bird are involved with 14% of Appeals.

Graphics shows Bird & Bird’s involvement before the UPC, showing our significant presence representing clients before the UPC

Decisions & Outcomes: What’s Being Decided?

Decisions on the Merits & Pending Cases

This graphic illustrates the number of decisions issued and pending for appeals, infringement, preserving evidence, provisional measures, and revocation.

For revocation, 30 decisions have issued and 35 cases are pending.   

For infringement, 79 decisions on the merits have been issued, leaving over 260 cases pending. Munich LD leads with 95 pending infringement cases, followed by Düsseldorf, Mannheim, The Hague, and Hamburg.  And how quickly are these being progressed? Many infringement actions have reached the oral hearing by 15 months from filing.  However, 27 infringement actions initiated before Q3 2024 remain pending, with 13 of these at Munich LD. 

For Appeals, there have been nearly 170 final decisions, most of which have been procedural, with 29^* being substantive.  Over 80 Appeals are pending – including 10^* relating to final decisions on the merits and two^* relating to final orders for provisional measures.   

Infringement Actions: Where’s the Activity?

• 75% filed before German LDs (Munich, Düsseldorf, Mannheim)
• In 2025, 40% of claims filed were with Munich LD, which also has a large pre-existing caseload compared to other divisions.
• Other divisions (Paris, Milan, Copenhagen, Vienna, Brussels, Helsinki, Lisbon, Ljubljana, Nordic-Baltic) have lower workloads but equally experienced judges.

And what's the outcome? 

79 CFI final decision on the merits have result in around 45%/55% win/lose (for the patent holder). Outcomes from Munich and Hamburg LDs have been slightly more in favour of the Defendant - but only just. 

This graphic shows the outcomes of infringement actions by win/lose and by Division.

Revocations: what's happening? 

• 83 revocations actions have been filed, regularly between 2-4 per month (peaking at 7), nearly 70% before Paris CD (CD determined by subject matter).
• Bird & Bird is involved with 11% of revocation actions, representing claimants and defendants equally.
• 67% of revocation actions resulted in a decision that the patent is valid or valid as amended - so a win or partial win for the patentee
• Around 12.5 months to the oral hearing – decision within around a month after

This graphic shows the outcomes for revocation actions (from perspective of patentee)

Provisional Measures: Fast, Decisive Action

• Bird & Bird is involved in 24% of applications for provisional measures, representing both claimants and defendants (40/60 split).
• At CFI, 65% of applications are granted in the applicant’s favour, with preliminary injunctions granted in every winning case.
• Main reasons for refusal: lack of urgency, followed by lack of likely infringement, followed by likely invalidity.

This graphic shows the win/lose breakdown and outcomes for applications for provisional measures. 

Appeals: What’s the Outcome?

• 318 Appeals have been filed with many relating to procedural matters rather than appeals of final decisions on the merits/final orders
• Only a few appeals relating to decisions on the merits/final orders have concluded.
  • For appeals relating to decisions on the merits^[2]: 78% of CFI decisions have been upheld (18 decisions^*).
  • For appeals relating to provisional measures^[3]: 36% of CFI orders have been upheld (11 decisions^*).

This graphic shows the proportion of CFI decisions overturned vs. upheld. 

• Bird & Bird is involved in 14% of UPC Appeals, and appeared before the UPC in the first ever oral hearing before the Court of Appeal, the resulting decision establishing major precedence for the UPC.  

The UPC in 2026: What’s Next?

• Munich LD remains the busiest division, but other divisions offer strategic advantages and experienced judges.
• Precedents are being set: Landmark decisions are shaping claim construction and inventive step.
• Appeals are clarifying the rules: To date, most appeals of decisions on the merits have upheld CFI decisions, but the data pool is shallow.

So Why Use the UPC?

• Remedies: Injunction and damages across at least 18 EU countries with a single lawsuit. Injunctions also granted for non-UPC countries (e.g., UK, Spain, Poland).
• Speed: First instance decisions within 15 months is being achieved in many cases; preliminary injunctions in days to 3 months; evidentiary seizures overnight.
• Simplicity: Streamlined procedure, limited discovery.
• Specialism: Experienced legal and technical judges.
• Choice: Venue and language flexibility.
• Language: English available in all divisions.
• Pressure: Compressed, front-loaded procedure; defendants must be prepared.

And Why Use Bird & Bird?

• Experience: we have been there from the start and are involved in 15% of all CFI actions before the UPC and 14% of Appeal proceedings.
• Geographic footprint: We have specialist patent litigators and patent attorneys across Europe, with offices located for tailored deployment in every UPC division.  
• Strategic thinking: There is a wide choice of venue at the UPC and we think outside the box for where to start a claim.  
• Bench strength: With a team of over 200 dedicated patent lawyers and patent attorneys, we offer unmatched capacity and depth for patent litigation across Europe
• One Firm, Your Firm: We offer a truly pan-European strategy focused on your needs. 

Our unified team across the EU and the UK stands by this commitment, providing objective guidance on venue selection and team composition - no matter which of our advisers leads your case.  Please get in touch at upc@twobirds.com 

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[1] The first annual report of the UPC was published in February 2025: the second is anticipated.  

[2] 18 cases^*

[3] 11 cases^*

* more than one appeal may be filed against a CFI decision, and a decision may relate to more than one appeal