An article authored by Jason Balich titled "Lessons For UPC Litigation From United States Patent Cases" was published in IAM. Practice before Europe's new Unified Patent Court (UPC) represents uncharted waters for companies and intellectual property litigators around the globe. While the rules for the UPC are set, how they will be applied is anyone's guess. For a company contemplating enforcing its European patents against its competitors, opting to use the UPC over the traditional country-by-country litigation approach may seem like an unacceptable risk.
Thankfully, there are several similarities between the UPC rules and patent litigation practice in various United States forums that provide guidance for those companies contemplating policing their European patents at the UPC. In this article, Jason discusses some best practices learned in US patent litigation practice that should help you and your company successfully navigate those uncharted waters to a successful outcome. Read more (subscription required).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.