Patents Unlocked: The Litigation Podcast

Episode 2 : Doctrine of Equivalence – UPC and beyond


In episode 2, our experts Julia Schönbohm and Bolko Ehlgen join
host Charlotte Kieslich and dive into the doctrine of
equivalence, a critical and complex area of patent litigation. In
addition, they pick up recent developments on long‑arm
jurisdiction following the first episode of our podcast series.
They explore:


Long‑arm jurisdiction update: how the Court of Appeal has
clarified and limited the UPC’s cross‑border patent jurisdiction


Doctrine of equivalence at the UPC: why “words have limits” and
how courts are using equivalence to balance fair protection for
patentees with legal certainty for competitors


Functional construction first, equivalence second: how the
NanoString v. 10x Genomics framework and a more functional claim
construction can reduce the need to rely on equivalence


No harmonised test (yet): divergent Local Division approaches and
the crucial role of the Court of Appeal in bringing about
uniformity


Practical takeaways for litigants: why parties are already
testing the doctrine of equivalence at the UPC, and how to deal
with the current uncertainty of the UPC equivalence test to be
applied


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