FORUM IP Talks: Google's Ralf Uhrich on patent litigation and UPC

Jean-Claude: We last met in person in Munich a couple of years ago shortly after you have started taking up the post at Google as Litigation Counsel. How have you been these years?

Ralf: Thanks, Jean-Claude. I’ve been doing great!

I still remember some of the perks of working for Google when you showed me around the Google premises. Which of the perks do you cherish the most?

The cafes at Google are really amazing and offer constantly changing menus. But the biggest perk is having amazing colleagues.

One of your responsibilities is to manage Google’s European patent litigation docket. What were your patent litigation highlights of the last years?

Without doubt, one highlight for every patent litigator in Europe will be the inception of the Unified Patent Court on Jun 1, 2023 . On the patent policy side, I applaud the 2021 patent law reform in Germany; the statute now expressly acknowledges proportionality for injunctions and seeks to narrow the “injunction gap”.

Finally, one of the many litigation highlights for me was the successful defense of the Android ecosystem against a 7+ year cross-border litigation campaign.

How would you describe Google’s patent litigation strategy?

Like many other innovative companies, Google’s overarching strategy is to avoid litigation where possible, whether it is through beneficial licensing engagements or partnerships. But sometimes it is impossible to avoid litigation, for example, when NPE’s wage litigation shakedown campaigns with low-quality patents that are later found to be invalid, wasting time and resources that could have been spent on developing new products.

Our strategy in that regard is simple. Win those lawsuits! While we would always prefer to avoid a drawn out litigation and going to trial, we will defend ourselves to deter future litigations and protect the ecosystem as a whole.

As far as I recall, you were Google’s only patent litigation counsel in 2015. How big is the Google’s patent litigation team in Europe in the meantime?

Indeed, back then I was the only patent litigator based in Europe, and I still continue to lead our efforts in the region. But our team always had a considerable size and also grew over the last years. Finally, I think that in the post-pandemic world, the location of where colleagues are physically based has become less important.

Among other things, Google brought us Google Patents for patent search. Why should one use Google Patents?

You’ll pardon the pun, but the answer is obvious: Patent information is spread across many different systems. Google Patents makes it accessible in one place and easy to understand. It also uses machine learning to classify non-patent documents in the same way that patents are classified, which can be a big help when searching for prior art.

Do you use Google Patents…?

Yes, of course! It’s a great tool to find the right information quickly, both when it comes to patents and also non-patent literature. And new features are added all the time, making it even more helpful.

1st June 2023 will see the opening of the doors of the Unified Patent Court. One of your tasks is to prepare Google for the upcoming Unified Patent Court. Which challenges did you see during the preparations?

I think that it will be challenging at first to predict the outcome of a pending case as there is no UPC-specific precedent. However, I’m positive that the judges (who all have years of experience in patent litigation matters) will do everything in their power to establish predictability and swiftly bring legal certainty to this new court system.

"very interested in the new system and [...]eager to learn more"

What are Google’s expectations with regards to the UPC?

First off, I’m personally very excited about the UPC. It’s the first pan-European civil court with entirely new rules. It’s a great opportunity to shape this system and, as a party, contribute to make it a fair and balanced venue which promotes innovation and respect for IP.

We are very interested in the new system and are eager to learn more about it as it takes shape. As with any venue, we will consider our use of the UPC on a case by case basis. I also expect all stakeholders to consider including the new court in their patent enforcement strategy.

Thank you very much for the interview, Ralf!

About the interviewee:

Ralf Uhrich is a Senior Litigation Counsel at Google. He manages Google's patent litigation docket in Europe, including contentious cases before the national courts and the Unified Patent Court. Ralf is also a lecturer in patent law at the University of Erlangen-Nuremberg.

Ralf is going to be a panelist on the final panel of the Global Patent Litigation FORUM in Munich on 21 September 2023.