In Bloomberg Law Article, IP Litigators Analyze How US Discovery Law May Aid in Satisfying UPC Evidentiary Demands

In a Bloomberg Law “Insights” article, IP litigation partner Matthew Rizzolo and IP litigation counsel Matthew Shapiro and Hyun-Joong (Daniel) Kim analyzed how a US discovery tool may be used to satisfy the evidentiary demands for the European Union’s Unified Patent Court.

Specifically, to initiate a case before the UPC, a claimant must file a statement of claim that includes “the evidence relied on” to support infringement allegations. Collecting such evidence pre-suit will be challenging in most cases, particularly for infringement claims directed to functionality that cannot be easily observed or reverse-engineered from a final product. The authors note that US discovery law under Section 1782 may assist in overcoming these challenges.